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The people of the State of California do enact as follows: SECTION 1. Section 1259 of the Health and Safety Code is amended to read: 1259. (a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic health care services is the right of every resident of the state, and that access to information regarding basic health care services is an essential element of that right. (2) Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff. (b) As used in this section: (1) “Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may include members of the medical or professional staff. (2) “Language or communication barriers” means: (A) With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the state department shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital. (B) With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is sign language. (c) To ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall: (1) Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters. (2) (A) (i) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. (ii) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its Internet Web site. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision (b); however, a hospital is not required to make the notice available in more than five languages other than English. (B) (i) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, transmit to the department a copy of the updated policy and shall include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. (ii) The department shall make the updated policy available to the public on its Internet Web site. (3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a T.D.D. number for the hearing impaired. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the state department, and shall provide the local address and telephone number of the state department, including, but not limited to, a T.D.D. number for the hearing impaired. (4) Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card. (5) Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms. (6) Notify employees of the hospital’s commitment to provide interpreters to all patients who request them. (7) Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English. (8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. (9) Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services. (d) Noncompliance with this section shall be reportable to licensing authorities. (e) Section 1290 shall not apply to this section. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including general acute care hospitals. A violation of these provisions is a crime. Existing law requires those hospitals to adopt and review annually a policy for providing language assistance services to patients with language or communication barriers, as defined. Existing law requires a hospital to annually transmit to the department a copy of its updated policy and to include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. This bill would require a general acute care hospital and the department to make the hospital’s updated policy available annually to the public on their respective Internet Web sites. The bill would also require a general acute care hospital to post on its Internet Web site a notice, in English and in the other most commonly spoken languages in the hospital’s service area, of the availability of language assistance services. Because a violation of these provisions by a health facility would be a crime, the 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 1259 of the Health and Safety Code is amended to read: 1259. (a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic health care services is the right of every resident of the state, and that access to information regarding basic health care services is an essential element of that right. (2) Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff. (b) As used in this section: (1) “Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may include members of the medical or professional staff. (2) “Language or communication barriers” means: (A) With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the state department shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital. (B) With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is sign language. (c) To ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall: (1) Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters. (2) (A) (i) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. (ii) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its Internet Web site. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision (b); however, a hospital is not required to make the notice available in more than five languages other than English. (B) (i) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, transmit to the department a copy of the updated policy and shall include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. (ii) The department shall make the updated policy available to the public on its Internet Web site. (3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a T.D.D. number for the hearing impaired. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the state department, and shall provide the local address and telephone number of the state department, including, but not limited to, a T.D.D. number for the hearing impaired. (4) Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card. (5) Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms. (6) Notify employees of the hospital’s commitment to provide interpreters to all patients who request them. (7) Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English. (8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. (9) Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services. (d) Noncompliance with this section shall be reportable to licensing authorities. (e) Section 1290 shall not apply to this section. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends the Health and Safety Code to require hospitals to adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The
The people of the State of California do enact as follows: SECTION 1. Section 296 of the Penal Code is amended to read: 296. (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. (C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. (4) Any person, excluding a juvenile, who has a prior misdemeanor conviction of Section 136.1, 136.5, 171b, or 186.28, subdivision (b), (c), or (d) of Section 243, Section 243.4, 244.5, 245, 245.5, 417, 417.6, 422, 646.9, or 25300, subdivision (d) of Section 26100, or Section 32625, and who is convicted of, or pleads guilty or no contest to, any of the following offenses: (A) A misdemeanor violation of Section 459.5. (B) Any misdemeanor punishable pursuant to subdivision (b) of Section 473. (C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a. (D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2. (E) A violation of Section 496 that is punishable as a misdemeanor. (F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code. (G) A misdemeanor violation of subdivision (a) of Section 11357 of the Health and Safety Code. (H) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code. (I) A misdemeanor violation of Section 666. (5) The term “felony” as used in this subdivision includes an attempt to commit the offense. (6) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for nonqualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. (c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: (1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). (e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. (f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. SEC. 2. Section 299 of the Penal Code is amended to read: 299. (a) A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and searchable database profile expunged from the data bank program pursuant to the procedures set forth in subdivision (b) if the person has no past or present offense or pending charge which qualifies that person for inclusion within the state’s DNA and Forensic Identification Database and Data Bank Program and there otherwise is no legal basis for retaining the specimen or sample or searchable profile. (b) Pursuant to subdivision (a), a person who has no past or present qualifying offense, and for whom there otherwise is no legal basis for retaining the specimen or sample or searchable profile, may make a written request to have his or her specimen and sample destroyed and searchable database profile expunged from the data bank program if: (1) Following arrest, no accusatory pleading has been filed within the applicable period allowed by law charging the person with a qualifying offense as set forth in subdivision (a) of Section 296 or if the charges which served as the basis for including the DNA profile in the state’s DNA Database and Data Bank Identification Program have been dismissed prior to adjudication by a trier of fact; (2) The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; (3) The person has been found factually innocent of the underlying offense pursuant to Section 851.8, or Section 781.5 of the Welfare and Institutions Code; or (4) The defendant has been found not guilty or the defendant has been acquitted of the underlying offense. (c) (1) The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occurred, or that entered the conviction or rendered disposition in the case, to the DNA Laboratory of the Department of Justice, and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition for writ. (2) Except as provided below, the Department of Justice shall destroy a specimen and sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following: (A) The written request for expungement pursuant to this section. (B) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the district attorney certifying that no accusatory pleading has been filed or the charges which served as the basis for collecting a DNA specimen and sample have been dismissed prior to adjudication by a trier of fact, the defendant has been found factually innocent, the defendant has been found not guilty, the defendant has been acquitted of the underlying offense, or the underlying conviction has been reversed and the case dismissed. (C) Proof of written notice to the prosecuting attorney and the Department of Justice that expungement has been requested. (D) A court order verifying that no retrial or appeal of the case is pending, that it has been at least 180 days since the defendant or minor has notified the prosecuting attorney and the Department of Justice of the expungement request, and that the court has not received an objection from the Department of Justice or the prosecuting attorney. (d) Upon order from the court, the Department of Justice shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is or has otherwise become obligated to submit a blood specimen or buccal swab sample as a result of a separate arrest, conviction, juvenile adjudication, or finding of guilty or not guilty by reason of insanity for an offense described in subdivision (a) of Section 296, or as a condition of a plea. The Department of Justice is not required to destroy analytical data or other items obtained from a blood specimen or saliva, or buccal swab sample, if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed or otherwise compromised. Any identification, warrant, probable cause to arrest, or arrest based upon a data bank or database match is not invalidated due to a failure to expunge or a delay in expunging records. (e) Notwithstanding any other provision of law, the Department of Justice DNA Laboratory is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section if the duty to register under Section 290 or 457.1 is terminated. (f) Notwithstanding any other provision of law, including Sections 17, 1170.18, 1203.4, and 1203.4a, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person has been found guilty or was adjudicated a ward of the court by a trier of fact of a qualifying offense as defined in subdivision (a) of Section 296, or was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in subdivision (a) of Section 296. SEC. 2. 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, as amended by the DNA Act, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense. This bill would expand these provisions to require persons convicted of specified misdemeanors, if they have a prior conviction of other specified misdemeanors, misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program. Existing law prohibits a judge from relieving a person of the separate administrative duty to provide specimens, samples, or print impressions required by the DNA Act if the person has been found guilty of an offense for which DNA collection is required. Existing law, added by Proposition 47, allows a person to petition the court for resentencing if he or she was convicted of a felony that was reduced to a misdemeanor by Proposition 47. Existing law requires the court to resentence the petitioner, unless the court determines that the person would pose an unreasonable risk to public safety. This bill would clarify that the prohibition on judges relieving a person of the duty to provide specimens, samples, or print impressions is not affected by resentencing under Proposition 47. 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 296 of the Penal Code is amended to read: 296. (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. (C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. (4) Any person, excluding a juvenile, who has a prior misdemeanor conviction of Section 136.1, 136.5, 171b, or 186.28, subdivision (b), (c), or (d) of Section 243, Section 243.4, 244.5, 245, 245.5, 417, 417.6, 422, 646.9, or 25300, subdivision (d) of Section 26100, or Section 32625, and who is convicted of, or pleads guilty or no contest to, any of the following offenses: (A) A misdemeanor violation of Section 459.5. (B) Any misdemeanor punishable pursuant to subdivision (b) of Section 473. (C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a. (D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2. (E) A violation of Section 496 that is punishable as a misdemeanor. (F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code. (G) A misdemeanor violation of subdivision (a) of Section 11357 of the Health and Safety Code. (H) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code. (I) A misdemeanor violation of Section 666. (5) The term “felony” as used in this subdivision includes an attempt to commit the offense. (6) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for nonqualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. (c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: (1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). (e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. (f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. SEC. 2. Section 299 of the Penal Code is amended to read: 299. (a) A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and searchable database profile expunged from the data bank program pursuant to the procedures set forth in subdivision (b) if the person has no past or present offense or pending charge which qualifies that person for inclusion within the state’s DNA and Forensic Identification Database and Data Bank Program and there otherwise is no legal basis for retaining the specimen or sample or searchable profile. (b) Pursuant to subdivision (a), a person who has no past or present qualifying offense, and for whom there otherwise is no legal basis for retaining the specimen or sample or searchable profile, may make a written request to have his or her specimen and sample destroyed and searchable database profile expunged from the data bank program if: (1) Following arrest, no accusatory pleading has been filed within the applicable period allowed by law charging the person with a qualifying offense as set forth in subdivision (a) of Section 296 or if the charges which served as the basis for including the DNA profile in the state’s DNA Database and Data Bank Identification Program have been dismissed prior to adjudication by a trier of fact; (2) The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; (3) The person has been found factually innocent of the underlying offense pursuant to Section 851.8, or Section 781.5 of the Welfare and Institutions Code; or (4) The defendant has been found not guilty or the defendant has been acquitted of the underlying offense. (c) (1) The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occurred, or that entered the conviction or rendered disposition in the case, to the DNA Laboratory of the Department of Justice, and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition for writ. (2) Except as provided below, the Department of Justice shall destroy a specimen and sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following: (A) The written request for expungement pursuant to this section. (B) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the district attorney certifying that no accusatory pleading has been filed or the charges which served as the basis for collecting a DNA specimen and sample have been dismissed prior to adjudication by a trier of fact, the defendant has been found factually innocent, the defendant has been found not guilty, the defendant has been acquitted of the underlying offense, or the underlying conviction has been reversed and the case dismissed. (C) Proof of written notice to the prosecuting attorney and the Department of Justice that expungement has been requested. (D) A court order verifying that no retrial or appeal of the case is pending, that it has been at least 180 days since the defendant or minor has notified the prosecuting attorney and the Department of Justice of the expungement request, and that the court has not received an objection from the Department of Justice or the prosecuting attorney. (d) Upon order from the court, the Department of Justice shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is or has otherwise become obligated to submit a blood specimen or buccal swab sample as a result of a separate arrest, conviction, juvenile adjudication, or finding of guilty or not guilty by reason of insanity for an offense described in subdivision (a) of Section 296, or as a condition of a plea. The Department of Justice is not required to destroy analytical data or other items obtained from a blood specimen or saliva, or buccal swab sample, if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed or otherwise compromised. Any identification, warrant, probable cause to arrest, or arrest based upon a data bank or database match is not invalidated due to a failure to expunge or a delay in expunging records. (e) Notwithstanding any other provision of law, the Department of Justice DNA Laboratory is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section if the duty to register under Section 290 or 457.1 is terminated. (f) Notwithstanding any other provision of law, including Sections 17, 1170.18, 1203.4, and 1203.4a, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person has been found guilty or was adjudicated a ward of the court by a trier of fact of a qualifying offense as defined in subdivision (a) of Section 296, or was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in subdivision (a) of Section 296. SEC. 2. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 2170 of the Elections Code is amended to read: 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration, which is delivered by the registrant to a county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the California Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (3) In order for a conditional voter registration to be deemed effective as described in paragraph (2), the registrant shall provide proof of residence pursuant to subdivision (a) of Section 2170.5. (d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with the following procedures: (1) The county elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. (2) The county elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The county elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the county elections official to process the registration, to determine the registrant’s eligibility to register, and to validate the registrant’s information before counting or rejecting the corresponding provisional ballot. (4) After receiving a conditional voter registration, the county elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the information. (5) If a conditional registration is deemed effective, the county elections official shall include the corresponding provisional ballot in the official canvass. (e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article on election day at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). SEC. 2. Section 2170.5 is added to the Elections Code, to read: 2170.5. (a) A person who completes a conditional voter registration pursuant to this article shall provide proof of residence in order to register to vote during the 14 days immediately preceding an election or on election day. Proof of residence shall include any of the following: (1) A valid California driver’s license, driver’s instruction permit, or identification card. (2) A valid student identification card with an identifying photograph. (3) A tribal identification card with an identifying photograph and signature. (4) Photo identification, which may include a driver’s license, state identification card, passport, military identification card, tribal identification card, or student identification card, and a current bill identifying the name and address of the registrant, which may include a utility bill due within 30 days of election day, a rent statement dated within 30 days of election day, or a current student fee statement. (b) If a conditional voter registration is not deemed effective pursuant to this article, the elections official shall process the affidavit of registration pursuant to Sections 2102 and 2107 and, if the registrant meets all other eligibility requirements to register to vote, the registration shall be deemed effective in forthcoming elections. 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 establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day before an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective, requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices, and authorizes the official to offer this registration and voting at satellite offices on election day. This bill would require that a registrant provide proof of residence, as specified, in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration, as specified, and if all other eligibility requirements are met, would require the registration to be effective in forthcoming elections. By imposing additional duties on county election officials, 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, 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 2170 of the Elections Code is amended to read: 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration, which is delivered by the registrant to a county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the California Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (3) In order for a conditional voter registration to be deemed effective as described in paragraph (2), the registrant shall provide proof of residence pursuant to subdivision (a) of Section 2170.5. (d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with the following procedures: (1) The county elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. (2) The county elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The county elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the county elections official to process the registration, to determine the registrant’s eligibility to register, and to validate the registrant’s information before counting or rejecting the corresponding provisional ballot. (4) After receiving a conditional voter registration, the county elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the information. (5) If a conditional registration is deemed effective, the county elections official shall include the corresponding provisional ballot in the official canvass. (e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article on election day at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). SEC. 2. Section 2170.5 is added to the Elections Code, to read: 2170.5. (a) A person who completes a conditional voter registration pursuant to this article shall provide proof of residence in order to register to vote during the 14 days immediately preceding an election or on election day. Proof of residence shall include any of the following: (1) A valid California driver’s license, driver’s instruction permit, or identification card. (2) A valid student identification card with an identifying photograph. (3) A tribal identification card with an identifying photograph and signature. (4) Photo identification, which may include a driver’s license, state identification card, passport, military identification card, tribal identification card, or student identification card, and a current bill identifying the name and address of the registrant, which may include a utility bill due within 30 days of election day, a rent statement dated within 30 days of election day, or a current student fee statement. (b) If a conditional voter registration is not deemed effective pursuant to this article, the elections official shall process the affidavit of registration pursuant to Sections 2102 and 2107 and, if the registrant meets all other eligibility requirements to register to vote, the registration shall be deemed effective in forthcoming elections. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 56133 of the Government Code is amended to read: 56133. (a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. (b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. (c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: (1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. (2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. (d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. (e) This section does not apply to two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. (f) This section does not apply to the transfer of nonpotable or nontreated water. (g) This section does not apply to the provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. (h) This section does not apply to an extended service that a city or district was providing on or before January 1, 2001. (i) This section does not apply to a local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. (j) This section applies only to the commission of the county in which the extension of service is proposed. SEC. 1.5. Section 56133 of the Government Code is amended to read: 56133. (a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. (b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. (c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: (1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. (2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. (d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. (e) This section does not apply to any of the following: (1) Two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. (2) The transfer of nonpotable or nontreated water. (3) The provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. (4) An extended service that a city or district was providing on or before January 1, 2001. (5) A local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. (6) A fire protection contract, as defined in subdivision (a) of Section 56134. (f) This section applies only to the commission of the county in which the extension of service is proposed. SEC. 2. Section 56133.5 is added to the Government Code, to read: 56133.5. (a) A pilot program is hereby established for the Napa and San Bernardino commissions. If consistent with adopted policy, the Napa and San Bernardino commissions may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to support existing or planned uses involving public or private properties, subject to approval at a noticed public hearing in which the commission makes all of the following determinations: (1) The extension of service or services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430. (2) The extension of service will not result in either (1) adverse impacts on open space or agricultural lands or (2) growth inducing impacts. (3) A sphere of influence change involving the subject territory and its affected agency is not feasible under this division or desirable based on the adopted policies of the commission. (b) Subdivision (d) of Section 56133 shall apply to any request for new or extended services pursuant to this section. (c) For purposes of this section, “planned use” means any project that is included in an approved specific plan as of July 1, 2015. (d) The Napa and San Bernardino commissions shall submit a report before January 1, 2020, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received pursuant to this section and the action by the commission to approve, disapprove, or approve with conditions. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (e) The pilot program established pursuant to this section shall be consistent with Chapter 8.5 (commencing with Section 1501) of the Public Utilities Code. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Napa and San Bernardino. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 56133 of the Government Code proposed by both this bill and Senate Bill 239. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 56133 of the Government Code, and (3) this bill is enacted after Senate Bill 239, in which case Section 1 of this bill shall not become operative.
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts. Existing law permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances, including when responding to an impending threat to the public health or safety of the residents in the affected territory where specified requirements are met. This bill would revise the circumstances under which the commission may authorize a city or district to provide new or extended services. This bill would additionally establish a pilot program, until January 1, 2021, for the Napa and San Bernardino commissions that would permit those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances. This bill would make legislative findings and declarations as to the necessity of a special statute for the Napa and San Bernardino commissions. This bill would incorporate additional changes to Section 56133 of the Government Code proposed by SB 239 that would become operative if this bill and SB 239 are both enacted and this bill is enacted last.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 56133 of the Government Code is amended to read: 56133. (a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. (b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. (c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: (1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. (2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. (d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. (e) This section does not apply to two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. (f) This section does not apply to the transfer of nonpotable or nontreated water. (g) This section does not apply to the provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. (h) This section does not apply to an extended service that a city or district was providing on or before January 1, 2001. (i) This section does not apply to a local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. (j) This section applies only to the commission of the county in which the extension of service is proposed. SEC. 1.5. Section 56133 of the Government Code is amended to read: 56133. (a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. (b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. (c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: (1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. (2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. (d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. (e) This section does not apply to any of the following: (1) Two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. (2) The transfer of nonpotable or nontreated water. (3) The provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. (4) An extended service that a city or district was providing on or before January 1, 2001. (5) A local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. (6) A fire protection contract, as defined in subdivision (a) of Section 56134. (f) This section applies only to the commission of the county in which the extension of service is proposed. SEC. 2. Section 56133.5 is added to the Government Code, to read: 56133.5. (a) A pilot program is hereby established for the Napa and San Bernardino commissions. If consistent with adopted policy, the Napa and San Bernardino commissions may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to support existing or planned uses involving public or private properties, subject to approval at a noticed public hearing in which the commission makes all of the following determinations: (1) The extension of service or services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430. (2) The extension of service will not result in either (1) adverse impacts on open space or agricultural lands or (2) growth inducing impacts. (3) A sphere of influence change involving the subject territory and its affected agency is not feasible under this division or desirable based on the adopted policies of the commission. (b) Subdivision (d) of Section 56133 shall apply to any request for new or extended services pursuant to this section. (c) For purposes of this section, “planned use” means any project that is included in an approved specific plan as of July 1, 2015. (d) The Napa and San Bernardino commissions shall submit a report before January 1, 2020, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received pursuant to this section and the action by the commission to approve, disapprove, or approve with conditions. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (e) The pilot program established pursuant to this section shall be consistent with Chapter 8.5 (commencing with Section 1501) of the Public Utilities Code. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Napa and San Bernardino. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 56133 of the Government Code proposed by both this bill and Senate Bill 239. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 56133 of the Government Code, and (3) this bill is enacted after Senate Bill 239, 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 70901 of the Education Code is amended to read: 70901. (a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. (b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: (1) Establish minimum standards as required by law, including, but not limited to, the following: (A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. (B) Minimum standards for the employment of academic and administrative staff in community colleges. (C) Minimum standards for the formation of community colleges and districts. (D) Minimum standards for credit and noncredit classes. (E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. (3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. (4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. (B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. (5) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: (A) (i) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. (ii) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. (B) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. (C) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. (6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. (B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. (7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. (8) Facilitate articulation with other segments of higher education with secondary education. (9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. (10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. (11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. (12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. (13) Establish policies regarding interdistrict attendance of students. (14) Advise and assist governing boards of community college districts on the implementatiots so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. SEC. 2. Section 72208 of the Education Code is amended to read: 72208. (a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. (b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). (c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.
(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law imposes numerous duties on the board of governors with respect to these administrative responsibilities, including a requirement to review the accreditation status of community colleges in certain circumstances. This bill would add to the duties of the board of governors by requiring it to conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. (2) Existing law requires the accrediting agency for the community colleges to report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, to report any accreditation policy changes that affect the accreditation process or status for a community college. This bill would require the regional accrediting agency for the community colleges to report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 70901 of the Education Code is amended to read: 70901. (a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. (b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: (1) Establish minimum standards as required by law, including, but not limited to, the following: (A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. (B) Minimum standards for the employment of academic and administrative staff in community colleges. (C) Minimum standards for the formation of community colleges and districts. (D) Minimum standards for credit and noncredit classes. (E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. (3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. (4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. (B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. (5) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: (A) (i) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. (ii) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. (B) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. (C) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. (6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. (B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. (7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. (8) Facilitate articulation with other segments of higher education with secondary education. (9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. (10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. (11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. (12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. (13) Establish policies regarding interdistrict attendance of students. (14) Advise and assist governing boards of community college districts on the implementatiots so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. SEC. 2. Section 72208 of the Education Code is amended to read: 72208. (a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. (b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). (c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7090
The people of the State of California do enact as follows: SECTION 1. Section 56000.5 of the Education Code is amended to read: 56000.5. (a) The Legislature finds and declares that: (1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. (2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. (b) The Legislature further finds and declares that: (1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, lack any significant language skills. It is essential for the well-being and growth of hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have appropriate, ongoing, and fully accessible educational opportunities. (2) It is essential that hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. (3) It is essential that hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal pupils. It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have an education in which their special education teachers are proficient in the primary language mode of those children. (4) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. (5) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have an education in which their parents and, where appropriate, hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal people are involved in determining the extent, content, and purpose of programs. (6) Hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children would benefit from an education in which they are exposed to hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal role models. (7) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. (8) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (9) Each hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. (10) Given their unique communication needs, hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. SECTION 1. Section 51210 of the Education Code is amended to read: 51210. (a)The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: (1)English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. (2)Mathematics, including concepts, operational skills, and problem solving. (3)Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. (4)Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. (5)Visual and performing arts, including instruction in the subjects of dance, music, theater, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. (6)Health, including instruction in the principles and practices of individual, family, and community health. (7)Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. (8)Other studies that may be prescribed by the governing board. (b)(1)A complaint that a school district or county superintendent of schools has not complied with the physical education requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2)A complainant not satisfied with the decision of the school district or county superintendent of schools may appeal the decision to the Superintendent and shall receive a written appeal decision within 60 days of the Superintendent’s receipt of the appeal. (3)If a school district or county superintendent of schools finds merit in a complaint filed pursuant to this subdivision, or if the Superintendent finds merit in an appeal made pursuant to paragraph (2), the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (4)A private right of action or civil action shall not be brought against a school district or county superintendent of schools relating to noncompliance with the physical education requirements of paragraph (7) of subdivision (a) unless the complainant first follows the local complaint procedures, if any, or the Uniform Complaint Procedures, pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, if no local complaint procedures exist. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Existing law makes certain findings and declarations relating to the education of hard-of-hearing and deaf pupils. This bill would revise those findings and declarations to include nonverbal pupils. Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and physical education, as specified. Existing law requires that physical education have a total period of time of not less than 200 minutes each 10 schooldays, as provided. This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the physical education requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures, as specified. The bill would authorize a complainant not satisfied with the school district’s or county superintendent of schools decision to file an appeal with the Superintendent of Public Instruction. If a school district or county superintendent of schools finds merit in the complaint, or the Superintendent finds merit in the appeal, the bill would require the school district or county superintendent of schools to provide a remedy, as provided. To the extent this bill would impose additional duties on school districts or county education officials, the bill would impose a state-mandated local program. The bill would prohibit specified civil actions against a school district or county superintendent of schools relating to noncompliance with the physical education requirements unless the complainant first follows local complaint procedures, if any, or the Uniform Complaint Procedures, if no local complaint procedures exist. 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 56000.5 of the Education Code is amended to read: 56000.5. (a) The Legislature finds and declares that: (1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. (2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. (b) The Legislature further finds and declares that: (1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, lack any significant language skills. It is essential for the well-being and growth of hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have appropriate, ongoing, and fully accessible educational opportunities. (2) It is essential that hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. (3) It is essential that hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with hard-of-hearing and deaf hard-of-hearing, deaf, and nonverbal pupils. It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have an education in which their special education teachers are proficient in the primary language mode of those children. (4) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. (5) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children have an education in which their parents and, where appropriate, hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal people are involved in determining the extent, content, and purpose of programs. (6) Hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children would benefit from an education in which they are exposed to hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal role models. (7) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. (8) It is essential that hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (9) Each hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. (10) Given their unique communication needs, hard-of-hearing and deaf hard-of-hearing , deaf, and nonverbal children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. SECTION 1. Section 51210 of the Education Code is amended to read: 51210. (a)The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: (1)English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. (2)Mathematics, including concepts, operational skills, and problem solving. (3)Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. (4)Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. (5)Visual and performing arts, including instruction in the subjects of dance, music, theater, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. (6)Health, including instruction in the principles and practices of individual, family, and community health. (7)Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. (8)Other studies that may be prescribed by the governing board. (b)(1)A complaint that a school district or county superintendent of schools has not complied with the physical education requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2)A complainant not satisfied with the decision of the school district or county superintendent of schools may appeal the decision to the Superintendent and shall receive a written appeal decision within 60 days of the Superintendent’s receipt of the appeal. (3)If a school district or county superintendent of schools finds merit in a complaint filed pursuant to this subdivision, or if the Superintendent finds merit in an appeal made pursuant to paragraph (2), the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (4)A private right of action or civil action shall not be brought against a school district or county superintendent of schools relating to noncompliance with the physical education requirements of paragraph (7) of subdivision (a) unless the complainant first follows the local complaint procedures, if any, or the Uniform Complaint Procedures, pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, if no local complaint procedures exist. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill would amend the Education Code to require that the adopted course of study for grades 1 to 6, inclusive, include instruction in the subjects of dance
The people of the State of California do enact as follows: SECTION 1. (a) It is the intent of the Legislature that the certification created by this act not conflict with the intended purpose of the California Disabled Veteran Business Enterprise Program, which is, as stated in subdivision (a) of Section 999 of the Military and Veterans Code, “to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service.” (b) The Legislature finds and declares all of the following: (1) Allowing a person who is not a “disabled veteran,” as defined in paragraph (6) of subdivision (b) of Section 999 of the Military and Veterans Code, to perform the role of a “disabled veteran” within the California Disabled Veteran Business Enterprise Program, would conflict with the intended purpose of the program by placing that person in competition with a “disabled veteran” for program benefits intended to meet the special needs of disabled veterans. (2) The spouse or child of a disabled veteran may participate in the program without conflicting with the program’s intended purpose, if their participation is limited to either fulfilling existing contracts or providing for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the business’ majority owner. (3) Three years is sufficient time for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the majority owner. (c) It is the intent of the Legislature that the certification created by this act shall not establish any business advantage other than to permit the spouse or child of the majority owner of a disabled veteran business enterprise to temporarily control and fully operate that business upon the death or permanent medical disability of the majority owner. SEC. 2. Section 999 of the Military and Veterans Code is amended to read: 999. (a) This article shall be known as, and may be cited as, the California Disabled Veteran Business Enterprise Program. The California Disabled Veteran Business Enterprise Program is established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service. It is the intent of the Legislature that every state procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the disabled veteran business enterprise participation goal of a minimum of 3 percent of total contract value. (b) As used in this article, the following definitions apply: (1) “Administering agency” means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services’ Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999.2. (2) “Awarding department” means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state. (3) “Bonds” means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state. (4) “Contract” includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. “Contract” also includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for, and on behalf of, the state. (5) (A) “Contractor” means a person or persons, regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state. “Contractor” includes a provider of professional bond services who enters into a contract with an awarding department. (B) “Disabled veteran business enterprise contractor, subcontractor, or supplier” means a person or entity that has been certified by the administering agency pursuant to this article and that performs a commercially useful function, as defined in clause (i), in providing services or goods that contribute to the fulfillment of the contract requirements: (i) A person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following: (I) Is responsible for the execution of a distinct element of the work of the contract. (II) Carries out the obligation by actually performing, managing, or supervising the work involved. (III) Performs work that is normal for its business services and functions. (IV) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. (V) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (ii) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a disabled veteran business enterprise participation. (6) “Disabled veteran” means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, “Old Scouts,” and the Special Philippine Scouts, “New Scouts,” who has at least a 10-percent service-connected disability and who is domiciled in the state. (7) (A) “Disabled veteran business enterprise” means a business certified by the administering agency as meeting all of the following requirements: (i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture’s management, control, and earnings are held by one or more disabled veterans. (ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business. (iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business. (B) Notwithstanding subparagraph (A), after the death or the certification of a permanent medical disability of a disabled veteran who is a majority owner of a business that qualified as a disabled veteran business enterprise prior to that death or certification of a permanent medical disability, that business shall be deemed to be a disabled veteran business enterprise for a period not to exceed three years after the date of that death or certification of a permanent medical disability, if the business is inherited or controlled by the spouse or child of the majority owner, or by both of those persons. A business is a disabled veteran business enterprise pursuant to this subparagraph under either of the following circumstances: (i) For the duration of any contract entered into prior to the death or certification of permanent medical disability for the sole purpose of fulfilling the requirements of that contract. (ii) After the date of the majority owner’s death or certification of permanent medical disability established by this subparagraph for the sole purpose of providing sufficient time to make orderly and equitable arrangements for the disposition of the business, except that the business shall not enter into any new contract as a disabled veteran business enterprise for purposes of the program if the contract would not be completed within the three-year period. (8) “Foreign corporation,” “foreign firm,” or “foreign-based business” means a business entity that is incorporated or has its principal headquarters located outside the United States of America. (9) “Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. (10) “Management and control” means effective and demonstrable management of the business entity. (11) “Professional bond services” include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter’s counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds.
The California Disabled Veteran Business Enterprise Program addresses the special needs of disabled veterans by assisting state procurement authorities in meeting or exceeding the disabled veteran enterprise participation goal of 3% for procurement contracts. Existing law, under the program, authorizes a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise, but only for purposes of any contract entered into before his or her death or certification of disability. This bill would delete the provision that only allows a child or spouse to operate the business for purposes of the contracts entered into before death or certification of disability. The bill would clarify the scope and purpose of the provision authorizing a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise. The bill would also set forth a statement of legislative intent.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) It is the intent of the Legislature that the certification created by this act not conflict with the intended purpose of the California Disabled Veteran Business Enterprise Program, which is, as stated in subdivision (a) of Section 999 of the Military and Veterans Code, “to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service.” (b) The Legislature finds and declares all of the following: (1) Allowing a person who is not a “disabled veteran,” as defined in paragraph (6) of subdivision (b) of Section 999 of the Military and Veterans Code, to perform the role of a “disabled veteran” within the California Disabled Veteran Business Enterprise Program, would conflict with the intended purpose of the program by placing that person in competition with a “disabled veteran” for program benefits intended to meet the special needs of disabled veterans. (2) The spouse or child of a disabled veteran may participate in the program without conflicting with the program’s intended purpose, if their participation is limited to either fulfilling existing contracts or providing for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the business’ majority owner. (3) Three years is sufficient time for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the majority owner. (c) It is the intent of the Legislature that the certification created by this act shall not establish any business advantage other than to permit the spouse or child of the majority owner of a disabled veteran business enterprise to temporarily control and fully operate that business upon the death or permanent medical disability of the majority owner. SEC. 2. Section 999 of the Military and Veterans Code is amended to read: 999. (a) This article shall be known as, and may be cited as, the California Disabled Veteran Business Enterprise Program. The California Disabled Veteran Business Enterprise Program is established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service. It is the intent of the Legislature that every state procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the disabled veteran business enterprise participation goal of a minimum of 3 percent of total contract value. (b) As used in this article, the following definitions apply: (1) “Administering agency” means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services’ Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999.2. (2) “Awarding department” means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state. (3) “Bonds” means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state. (4) “Contract” includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. “Contract” also includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for, and on behalf of, the state. (5) (A) “Contractor” means a person or persons, regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state. “Contractor” includes a provider of professional bond services who enters into a contract with an awarding department. (B) “Disabled veteran business enterprise contractor, subcontractor, or supplier” means a person or entity that has been certified by the administering agency pursuant to this article and that performs a commercially useful function, as defined in clause (i), in providing services or goods that contribute to the fulfillment of the contract requirements: (i) A person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following: (I) Is responsible for the execution of a distinct element of the work of the contract. (II) Carries out the obligation by actually performing, managing, or supervising the work involved. (III) Performs work that is normal for its business services and functions. (IV) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. (V) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (ii) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a disabled veteran business enterprise participation. (6) “Disabled veteran” means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, “Old Scouts,” and the Special Philippine Scouts, “New Scouts,” who has at least a 10-percent service-connected disability and who is domiciled in the state. (7) (A) “Disabled veteran business enterprise” means a business certified by the administering agency as meeting all of the following requirements: (i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture’s management, control, and earnings are held by one or more disabled veterans. (ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business. (iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business. (B) Notwithstanding subparagraph (A), after the death or the certification of a permanent medical disability of a disabled veteran who is a majority owner of a business that qualified as a disabled veteran business enterprise prior to that death or certification of a permanent medical disability, that business shall be deemed to be a disabled veteran business enterprise for a period not to exceed three years after the date of that death or certification of a permanent medical disability, if the business is inherited or controlled by the spouse or child of the majority owner, or by both of those persons. A business is a disabled veteran business enterprise pursuant to this subparagraph under either of the following circumstances: (i) For the duration of any contract entered into prior to the death or certification of permanent medical disability for the sole purpose of fulfilling the requirements of that contract. (ii) After the date of the majority owner’s death or certification of permanent medical disability established by this subparagraph for the sole purpose of providing sufficient time to make orderly and equitable arrangements for the disposition of the business, except that the business shall not enter into any new contract as a disabled veteran business enterprise for purposes of the program if the contract would not be completed within the three-year period. (8) “Foreign corporation,” “foreign firm,” or “foreign-based business” means a business entity that is incorporated or has its principal headquarters located outside the United States of America. (9) “Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. (10) “Management and control” means effective and demonstrable management of the business entity. (11) “Professional bond services” include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter’s counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds. ### Summary: This text amends the Military and Veterans Code to allow spouses and children of disabled veterans to temporarily control and fully operate a disabled veteran business enterprise following the death or permanent
The people of the State of California do enact as follows: SECTION 1. Section 1946.7 of the Civil Code, as amended by Section 1 of Chapter 130 of the Statutes of 2013, is amended to read: 1946.7. (a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, stalking as defined in Section 1708.7, human trafficking as defined in Section 236.1 of the Penal Code, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, and that the tenant intends to terminate the tenancy. (b) A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice: (1) A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (2) A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (3) (A) Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse. (B) The documentation shall contain, in substantially the same form, the following: Tenant Statement and Qualified Third Party Statement under Civil Code Section 1946.7 Part I.Statement By Tenant I, [insert name of tenant], state as follows: I, or a member of my household, have been a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] The most recent incident(s) happened on or about: [insert date or dates.] The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: [if known and safe to provide, insert name(s) and physical description(s).] (signature of tenant)(date) Part II.Qualified Third Party Statement I, [insert name of qualified third party], state as follows: My business address and phone number are: [insert business address and phone number.] Check and complete one of the following: ____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. ____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. ____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I am licensed by the State of California as a: [insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: [insert name of state licensing entity and license number.] The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] The person further stated to me the incident(s) occurred on or about the date(s) stated above. I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. (signature of qualified third party)(date) (C) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker. (c) The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, or within the time period described in Section 1946. (d) If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated. Existing law governing the security deposit shall apply. (e) Nothing in this section relieves a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the lease or rental agreement. (f) (1) “Household member,” as used in this section, means a member of the tenant’s family who lives in the same household as the tenant. (2) “Qualified third party,” as used in this section, means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code. (3) “Health practitioner,” as used in this section, means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. (h) (1) A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one of the following: (A) The tenant consents in writing to the disclosure. (B) The disclosure is required by law or order of the court. (2) A landlord’s communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision. SEC. 2. Section 1946.7 of the Civil Code, as added by Section 2 of Chapter 130 of the Statutes of 2013, is repealed.
Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault. Existing law authorizes the use of a tenant’s security deposit to compensate a landlord for a tenant’s default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations. This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1946.7 of the Civil Code, as amended by Section 1 of Chapter 130 of the Statutes of 2013, is amended to read: 1946.7. (a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, stalking as defined in Section 1708.7, human trafficking as defined in Section 236.1 of the Penal Code, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, and that the tenant intends to terminate the tenancy. (b) A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice: (1) A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (2) A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (3) (A) Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse. (B) The documentation shall contain, in substantially the same form, the following: Tenant Statement and Qualified Third Party Statement under Civil Code Section 1946.7 Part I.Statement By Tenant I, [insert name of tenant], state as follows: I, or a member of my household, have been a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] The most recent incident(s) happened on or about: [insert date or dates.] The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: [if known and safe to provide, insert name(s) and physical description(s).] (signature of tenant)(date) Part II.Qualified Third Party Statement I, [insert name of qualified third party], state as follows: My business address and phone number are: [insert business address and phone number.] Check and complete one of the following: ____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. ____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. ____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I am licensed by the State of California as a: [insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: [insert name of state licensing entity and license number.] The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] The person further stated to me the incident(s) occurred on or about the date(s) stated above. I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. (signature of qualified third party)(date) (C) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker. (c) The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, or within the time period described in Section 1946. (d) If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated. Existing law governing the security deposit shall apply. (e) Nothing in this section relieves a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the lease or rental agreement. (f) (1) “Household member,” as used in this section, means a member of the tenant’s family who lives in the same household as the tenant. (2) “Qualified third party,” as used in this section, means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code. (3) “Health practitioner,” as used in this section, means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. (h) (1) A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one of the following: (A) The tenant consents in writing to the disclosure. (B) The disclosure is required by law or order of the court. (2) A landlord’s communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision. SEC. 2. Section 1946.7 of the Civil Code, as added by Section 2 of Chapter 130 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 101 of the Welfare and Institutions Code is amended to read: 101. As used in this chapter, the following definitions shall apply: (a) “Adult” means a person 18 years of age or older. (b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. (c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. (d) “Court” means the superior court, including the juvenile court. (e) “Dependent” means a person described in Section 300. (f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. (g) “Ward” means a person described in Section 601 or 602. SEC. 2. Section 102 of the Welfare and Institutions Code is amended to read: 102. (a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. (b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. (c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: (1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. (2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. (3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. (d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: (1) Dynamics of child abuse and neglect. (2) Court structure, including juvenile court laws. (3) Social service systems. (4) Child development. (5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. (6) Interviewing techniques. (7) Report writing. (8) Roles and responsibilities of a CASA. (9) Rules of evidence and discovery procedures. (10) Problems associated with verifying reports. (e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. SEC. 3. Section 103 of the Welfare and Institutions Code is amended to read: 103. (a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. (b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. (c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. (d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. (e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. (f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. (g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. (h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. SEC. 4. Section 109 of the Welfare and Institutions Code is amended to read: 109. (a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. (b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. (c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime.
Existing law requires the Judicial Council to establish a Court-Appointed Special Advocate (CASA) program, under which volunteers serve as court appointed child advocates to provide designated services and support to dependent children and nonminor dependents in juvenile dependency proceedings. Existing law provides that a minor, under certain circumstances, is subject to the jurisdiction of the juvenile court. If the minor has violated a law or ordinance, existing law authorizes the juvenile court to adjudge the minor to be a ward of the court. This bill would authorize the appointment of a CASA in a juvenile delinquency proceeding, and would provide that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 101 of the Welfare and Institutions Code is amended to read: 101. As used in this chapter, the following definitions shall apply: (a) “Adult” means a person 18 years of age or older. (b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. (c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. (d) “Court” means the superior court, including the juvenile court. (e) “Dependent” means a person described in Section 300. (f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. (g) “Ward” means a person described in Section 601 or 602. SEC. 2. Section 102 of the Welfare and Institutions Code is amended to read: 102. (a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. (b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. (c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: (1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. (2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. (3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. (d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: (1) Dynamics of child abuse and neglect. (2) Court structure, including juvenile court laws. (3) Social service systems. (4) Child development. (5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. (6) Interviewing techniques. (7) Report writing. (8) Roles and responsibilities of a CASA. (9) Rules of evidence and discovery procedures. (10) Problems associated with verifying reports. (e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. SEC. 3. Section 103 of the Welfare and Institutions Code is amended to read: 103. (a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. (b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. (c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. (d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. (e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. (f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. (g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. (h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. SEC. 4. Section 109 of the Welfare and Institutions Code is amended to read: 109. (a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. (b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. (c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime. ### 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 17053.50 is added to the Revenue and Taxation Code, to read: 17053.50. (a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. (b) For purposes of this section: (1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. (2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. (3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: (A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. (B) Repair, including repair of earthquake damage. (C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. (D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. (E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. (F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. (G) Bracing or securing nonpermanent building contents. (H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. (I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). (4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. (5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: (i) Anchoring the structure to the foundation. (ii) Bracing cripple walls. (iii) Bracing hot water heaters. (iv) Installing automatic gas shutoff valves. (v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. (vi) Anchoring fuel storage. (vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. (B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. (c) To be eligible for the credit, the following shall apply: (1) The qualified taxpayer shall do all of the following: (A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. (B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction, and specify a dollar amount of qualified costs. (C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). (D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). (2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. (d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. (2) In the case where the credit allowed under this section exceeds the “net tax,” as defined in Section 17039, for a taxable year, the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. (e) (1) The total amount of credit that may be allocated pursuant to this section and Section 23650 shall not exceed the sum of the following: (A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. (B) The amount of previously unallocated credits allowed under this section. (2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. (3) (A) The taxpayer shall claim the credit on a timely filed original return. (B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. (C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. (f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. (g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. SEC. 2. Section 23650 is added to the Revenue and Taxation Code, to read: 23650. (a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “tax,” as defined in Section 23036, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. (b) For purposes of this section: (1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. (2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. (3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: (A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. (B) Repair, including repair of earthquake damage. (C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. (D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. (E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. (F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. (G) Bracing or securing nonpermanent building contents. (H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. (I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). (4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. (5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: (i) Anchoring the structure to the foundation. (ii) Bracing cripple walls. (iii) Bracing hot water heaters. (iv) Installing automatic gas shutoff valves. (v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. (vi) Anchoring fuel storage. (vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. (B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. (c) To be eligible for the credit, the following shall apply: (1) The qualified taxpayer shall do all of the following: (A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. (B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction and specify a dollar amount of qualified costs. (C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). (D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). (2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. (d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. (2) In the case where the credit allowed under this section exceeds the “tax,” as defined in Section 23036, for a taxable year, the excess credit may be carried over to reduce the “tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. (e) (1) The total amount of credit that may be allocated pursuant to this section and Section 17053.50 shall not exceed the sum of the following: (A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. (B) The amount of previously unallocated credits allowed under this section. (2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. (3) (A) The taxpayer shall claim the credit on a timely filed original return. (B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. (C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. (f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. (g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. SEC. 3. For the purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares all of the following with respect to Sections 17053.50 and 23650 of the Revenue and Taxation Code: (a) The specific goals, purposes, and objectives that the tax credits will achieve are as follows: (1) Leveraging sixty million dollars ($60,000,000) in private investment. (2) Creating thousands of engineering or construction jobs. (3) Mitigating seismic damage to save lives. (b) The detailed performance indicators for the Legislature to use when measuring whether the tax credits meet those specific goals, purposes, and objectives are as follows: (1) The amount of private sector investment enabled by allocation of the tax credits. (2) The number of engineering or construction jobs created as a result of this investment. (3) The estimated number of lives saved by the seismic retrofitting of buildings facilitated by the tax credits. (c) The data collection requirements to enable the Legislature to determine whether the tax credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows: (1) To assist the Legislature in measuring whether the tax credits meet the goals, purposes, and objectives specified in subdivision (a), the Legislative Analyst shall review the effectiveness of the tax credits and may request information from the Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties. (2) The Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties shall provide to the Legislative Analyst any data requested by the Legislative Analyst pursuant to this subdivision. SEC. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as provided. The bill would require a taxpayer, in order to be eligible for the credit, to obtain 2 certifications from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located: one prior to seismic retrofit construction that certifies that the building is an at-risk property, and a second subsequent to construction that certifies that the completed construction is seismic retrofit construction, as defined, and specifies a dollar amount of qualified costs. The bill would further require the taxpayer to provide the second certification to and apply for allocation of the credit with the Franchise Tax Board, and would require the board to allocate credits on a first-come-first-served basis. The bill would provide that the credit would have an aggregate cap under both laws of $12,000,000 for each calendar year, as provided. Existing law requires a bill that would authorize a new credit against the tax imposed by the Personal Income Tax Law or the Corporation Tax Law to contain specific goals, purposes, and objectives that the new credit will achieve and detailed performance indicators and data collection requirements for determining whether the new credit achieves these goals, purposes, and objectives. This bill would make findings specifying the goals, purposes, and objectives of the above-described tax credits and detailing the performance indicators and data collection requirements for determining whether the credits meet these goals, purposes, and objectives. This bill would take effect immediately as a tax levy.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17053.50 is added to the Revenue and Taxation Code, to read: 17053.50. (a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. (b) For purposes of this section: (1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. (2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. (3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: (A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. (B) Repair, including repair of earthquake damage. (C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. (D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. (E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. (F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. (G) Bracing or securing nonpermanent building contents. (H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. (I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). (4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. (5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: (i) Anchoring the structure to the foundation. (ii) Bracing cripple walls. (iii) Bracing hot water heaters. (iv) Installing automatic gas shutoff valves. (v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. (vi) Anchoring fuel storage. (vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. (B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. (c) To be eligible for the credit, the following shall apply: (1) The qualified taxpayer shall do all of the following: (A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. (B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction, and specify a dollar amount of qualified costs. (C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). (D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). (2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. (d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. (2) In the case where the credit allowed under this section exceeds the “net tax,” as defined in Section 17039, for a taxable year, the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. (e) (1) The total amount of credit that may be allocated pursuant to this section and Section 23650 shall not exceed the sum of the following: (A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. (B) The amount of previously unallocated credits allowed under this section. (2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. (3) (A) The taxpayer shall claim the credit on a timely filed original return. (B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. (C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. (f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. (g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. SEC. 2. Section 23650 is added to the Revenue and Taxation Code, to read: 23650. (a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “tax,” as defined in Section 23036, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. (b) For purposes of this section: (1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. (2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. (3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: (A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. (B) Repair, including repair of earthquake damage. (C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. (D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. (E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. (F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. (G) Bracing or securing nonpermanent building contents. (H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. (I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). (4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. (5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: (i) Anchoring the structure to the foundation. (ii) Bracing cripple walls. (iii) Bracing hot water heaters. (iv) Installing automatic gas shutoff valves. (v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. (vi) Anchoring fuel storage. (vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. (B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. (c) To be eligible for the credit, the following shall apply: (1) The qualified taxpayer shall do all of the following: (A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. (B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction and specify a dollar amount of qualified costs. (C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). (D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). (2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. (d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. (2) In the case where the credit allowed under this section exceeds the “tax,” as defined in Section 23036, for a taxable year, the excess credit may be carried over to reduce the “tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. (e) (1) The total amount of credit that may be allocated pursuant to this section and Section 17053.50 shall not exceed the sum of the following: (A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. (B) The amount of previously unallocated credits allowed under this section. (2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. (3) (A) The taxpayer shall claim the credit on a timely filed original return. (B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. (C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. (f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. (g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. SEC. 3. For the purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares all of the following with respect to Sections 17053.50 and 23650 of the Revenue and Taxation Code: (a) The specific goals, purposes, and objectives that the tax credits will achieve are as follows: (1) Leveraging sixty million dollars ($60,000,000) in private investment. (2) Creating thousands of engineering or construction jobs. (3) Mitigating seismic damage to save lives. (b) The detailed performance indicators for the Legislature to use when measuring whether the tax credits meet those specific goals, purposes, and objectives are as follows: (1) The amount of private sector investment enabled by allocation of the tax credits. (2) The number of engineering or construction jobs created as a result of this investment. (3) The estimated number of lives saved by the seismic retrofitting of buildings facilitated by the tax credits. (c) The data collection requirements to enable the Legislature to determine whether the tax credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows: (1) To assist the Legislature in measuring whether the tax credits meet the goals, purposes, and objectives specified in subdivision (a), the Legislative Analyst shall review the effectiveness of the tax credits and may request information from the Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties. (2) The Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties shall provide to the Legislative Analyst any data requested by the Legislative Analyst pursuant to this subdivision. SEC. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: This bill would enact the Seismic Retrofit Construction Tax Credit Act, which would authorize the Franchise Tax Board to allocate to qualified taxpayers a credit against their tax liability for seismic
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 people with dementia, 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) That, by adding powers to the probate conservatorship for people with dementia, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. (3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of dementia requires the protections specified in this section. (b) 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 dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (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 court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. (c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of dementia, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of dementia, 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 or psychologist referred to in paragraph (3) of subdivision (f). (d) 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 (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. (e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. (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 shall be supported by a declaration of a licensed physician, or a licensed 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, except that the psychologist has at least two years of experience in diagnosing dementia. (4) 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) A petition to terminate authority granted under this section shall be governed by Section 2359. (i) Nothing in this section shall be construed to affect a conservatorship of the estate of a person who has dementia. (j) Nothing in this section shall affect the laws that would otherwise apply in emergency situations. (k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia.
Existing law provides that, upon a court’s findings that a conservatee has dementia, as defined, and a functional impairment, a conservator may place the conservatee in a prescribed secured residential or nursing facility and authorize the administration of prescribed medications appropriate for the care and treatment of dementia. A petition for authority to act under these provisions requires, among other things, that the conservatee be represented by an attorney, as provided. This bill would require the court, upon granting or denying that authority to a conservator, to either discharge the attorney or order continuation of the representation, as specified.
<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 people with dementia, 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) That, by adding powers to the probate conservatorship for people with dementia, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. (3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of dementia requires the protections specified in this section. (b) 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 dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (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 court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. (c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of dementia, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of dementia, 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 or psychologist referred to in paragraph (3) of subdivision (f). (d) 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 (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. (e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. (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 shall be supported by a declaration of a licensed physician, or a licensed 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, except that the psychologist has at least two years of experience in diagnosing dementia. (4) 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) A petition to terminate authority granted under this section shall be governed by Section 2359. (i) Nothing in this section shall be construed to affect a conservatorship of the estate of a person who has dementia. (j) Nothing in this section shall affect the laws that would otherwise apply in emergency situations. (k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to further the purposes of the federal Stephen Beck Jr., Achieving a Better Life Experience Act to ensure that people with disabilities may save for the future to achieve greater independence. SEC. 2. This act shall be known, and may be cited, as the California Achieving a Better Life Experience Act. SEC. 3. Section 23711.4 is added to the Revenue and Taxation Code, to read: 23711.4. For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. (a) Section 529A(a) of the Internal Revenue Code is modified as follows: (1) By substituting the phrase “under Part 10 (commencing with Section 17001) and this part” in lieu of the phrase “under this subtitle.” (2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” (b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” (c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal revenue Code, relating to reports shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. SEC. 4. Section 4877 is added to the Welfare and Institutions Code, to read: 4877. (a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. (b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. (c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: (1) Sue and be sued. (2) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. (3) Adopt a corporate seal and change and amend it from time to time. (4) Cause moneys in the program fund to be held and invested and reinvested. (5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. (6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. (7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. (8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. (9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. (10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. (11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. (12) Set minimum and maximum investment levels. (13) Administer the funds of the ABLE program trust. (14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. (15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. (d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. SEC. 5. Section 4878 is added to the Welfare and Institutions Code, to read: 4878. (a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund. (1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act. (2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year. (3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account. (b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: (1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund. (2) The weighted average maturity of the investments within the program fund. (3) Any amounts in the program fund that are under the management of an investment manager. (4) The market value as of the date of the report and the source of this valuation for any security within the program fund. (5) A description of the compliance with the statement of investment policy. (c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. (d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c). (e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund. (f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses. (g) The board shall maintain separate accounting for each designated beneficiary. (h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year. (i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act. SEC. 6. Section 4880 is added to the Welfare and Institutions Code, to read: 4880. Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. SEC. 7. Section 4882 is added to the Welfare and Institutions Code, to read: 4882. (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits. (b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. SEC. 8. Section 4884 is added to the Welfare and Institutions Code, to read: 4884. The board shall market this program to residents of the State of California to the extent funds are available to do so. SEC. 9. This act shall become operative only if Senate Bill 324 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2016.
The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws regarding qualified tuition programs, provide that distributions from a qualified tuition program are generally not included in the income of the donor or the beneficiary, as specified. Existing federal law, the Stephen Beck Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), for taxable years beginning on or after January 1, 2015, encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a Qualified ABLE Program established and maintained by a state, as specified. This bill would, for taxable years beginning on or after January 1, 2016, conform to these federal income tax law provisions relating to the ABLE Act under the Corporation Tax Law, as provided. The bill would also establish in state government the ABLE program trust for purposes of implementing the federal ABLE Act. The bill would authorize the ABLE Act Board to adopt regulations to implement the program. The bill would create the program fund, a continuously appropriated fund, thereby making an appropriation, and the administrative fund, as specified. The bill would require the board to administer the program in compliance with the requirements of the federal ABLE Act. This bill would become operative only if SB 324 is enacted and takes effect on or before January 1, 2016.
<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 further the purposes of the federal Stephen Beck Jr., Achieving a Better Life Experience Act to ensure that people with disabilities may save for the future to achieve greater independence. SEC. 2. This act shall be known, and may be cited, as the California Achieving a Better Life Experience Act. SEC. 3. Section 23711.4 is added to the Revenue and Taxation Code, to read: 23711.4. For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. (a) Section 529A(a) of the Internal Revenue Code is modified as follows: (1) By substituting the phrase “under Part 10 (commencing with Section 17001) and this part” in lieu of the phrase “under this subtitle.” (2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” (b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” (c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal revenue Code, relating to reports shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. SEC. 4. Section 4877 is added to the Welfare and Institutions Code, to read: 4877. (a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. (b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. (c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: (1) Sue and be sued. (2) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. (3) Adopt a corporate seal and change and amend it from time to time. (4) Cause moneys in the program fund to be held and invested and reinvested. (5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. (6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. (7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. (8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. (9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. (10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. (11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. (12) Set minimum and maximum investment levels. (13) Administer the funds of the ABLE program trust. (14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. (15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. (d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. SEC. 5. Section 4878 is added to the Welfare and Institutions Code, to read: 4878. (a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund. (1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act. (2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year. (3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account. (b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: (1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund. (2) The weighted average maturity of the investments within the program fund. (3) Any amounts in the program fund that are under the management of an investment manager. (4) The market value as of the date of the report and the source of this valuation for any security within the program fund. (5) A description of the compliance with the statement of investment policy. (c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. (d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c). (e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund. (f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses. (g) The board shall maintain separate accounting for each designated beneficiary. (h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year. (i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act. SEC. 6. Section 4880 is added to the Welfare and Institutions Code, to read: 4880. Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. SEC. 7. Section 4882 is added to the Welfare and Institutions Code, to read: 4882. (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits. (b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. SEC. 8. Section 4884 is added to the Welfare and Institutions Code, to read: 4884. The board shall market this program to residents of the State of California to the extent funds are available to do so. SEC. 9. This act shall become operative only if Senate Bill 324 of the 2015–16 Regular Session is enacted and takes effect on or before 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 21107.8 of the Vehicle Code is amended to read: 21107.8. (a) (1) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). (2) (A) If a city or county enacts an ordinance or resolution authorized by paragraph (1), a city or county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. (B) (i) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice. (ii) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760. (b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted thereunder does not apply to any offstreet parking facility described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee. (2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. (c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under paragraph (1) of subdivision (b). (e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. (f) A city or county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following: (1) Procedures of dispute resolution in accordance with those procedures set forth in Section 40215, which shall include all of the following: (A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. (B) An administrative hearing process that includes all of the following: (i) Options for a hearing in person or by mail. (ii) Administrative review. (iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. (iv) Personal delivery or delivery by first-class mail of an examiner’s decision. (v) Authority for the examiner to allow payment of the parking charge in installments for persons showing evidence of inability to pay the parking charge in full. (2) A prohibition against incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges. (3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine. (4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against use of terminology in ordinances or resolutions, and in parking fee invoices, which are restricted to governmental law enforcement, and a requirement for a conspicuous statement on parking fee invoices to the effect that “This parking charge notice is not issued by the [local government].”
Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified. This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. The bill would, if a city or county has exercised that authority and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, require the owner or operator of the facility to post language, as specified, stating that violators may be subject to a parking invoice fee, and include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice and prohibit the owner or operator from filing with, or transmitting to, the Department of Motor Vehicles a parking fee invoice, as specified. The bill would also require a city or county that authorizes private parking regulation to include, in its ordinance or resolution, specified provisions, including those related to dispute resolution.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21107.8 of the Vehicle Code is amended to read: 21107.8. (a) (1) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). (2) (A) If a city or county enacts an ordinance or resolution authorized by paragraph (1), a city or county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. (B) (i) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice. (ii) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760. (b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted thereunder does not apply to any offstreet parking facility described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee. (2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. (c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under paragraph (1) of subdivision (b). (e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. (f) A city or county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following: (1) Procedures of dispute resolution in accordance with those procedures set forth in Section 40215, which shall include all of the following: (A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. (B) An administrative hearing process that includes all of the following: (i) Options for a hearing in person or by mail. (ii) Administrative review. (iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. (iv) Personal delivery or delivery by first-class mail of an examiner’s decision. (v) Authority for the examiner to allow payment of the parking charge in installments for persons showing evidence of inability to pay the parking charge in full. (2) A prohibition against incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges. (3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine. (4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against use of terminology in ordinances or resolutions, and in parking fee invoices, which are restricted to governmental law enforcement, and a requirement for a conspicuous statement on parking fee invoices to the effect that “This parking charge notice is not issued by the [local government].” ### Summary: This bill would amend Section 21107.8 of the Vehicle Code to require that a city or county that authorizes private parking regulation pursuant to that
The people of the State of California do enact as follows: SECTION 1. Chapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read: CHAPTER 7. Semitropic Water Storage District 44200. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Basin” means the Kern County Groundwater Basin, as defined in Bulletin 118. (b) “District” means the Semitropic Water Storage District and its improvement districts. (c) “Groundwater extraction facility” has the same meaning as defined in Section 10721. (d) “Management area” means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices. (e) “Project” means the “Tulare Lake Storage and Floodwater Protection Project” as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020. 44202. This chapter applies only to the district. 44204. (a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following: (1) Require registration of groundwater extraction facilities within the management area. (2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district. (3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district. (4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year. (b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction. (c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year. 44206. (a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following: (1) Design, administration, operation, and maintenance of a project, including a prudent reserve. (2) Acquisition of lands or other properties, facilities, and services to implement a project. (3) Other costs directly related to design, implementation, maintenance, and operation of a project. (b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted. (2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties. (3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. (c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. (d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. (e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9. 44208. (a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014. (b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6. 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 of the Semitropic Water Storage District. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately.
The California Water Storage District Law authorizes the formation of water storage districts, as prescribed, with specified powers. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would authorize the Semitropic Water Storage District to collect groundwater extraction information and to require the reporting of groundwater information, as specified. This bill would authorize the district to impose fees on the extraction of groundwater from the basin, as prescribed. This bill would make legislative findings and declarations as to the necessity of a special statute for the Semitropic Water Storage District. 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. Chapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read: CHAPTER 7. Semitropic Water Storage District 44200. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Basin” means the Kern County Groundwater Basin, as defined in Bulletin 118. (b) “District” means the Semitropic Water Storage District and its improvement districts. (c) “Groundwater extraction facility” has the same meaning as defined in Section 10721. (d) “Management area” means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices. (e) “Project” means the “Tulare Lake Storage and Floodwater Protection Project” as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020. 44202. This chapter applies only to the district. 44204. (a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following: (1) Require registration of groundwater extraction facilities within the management area. (2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district. (3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district. (4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year. (b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction. (c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year. 44206. (a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following: (1) Design, administration, operation, and maintenance of a project, including a prudent reserve. (2) Acquisition of lands or other properties, facilities, and services to implement a project. (3) Other costs directly related to design, implementation, maintenance, and operation of a project. (b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted. (2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties. (3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. (c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. (d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. (e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9. 44208. (a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014. (b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6. 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 of the Semitropic Water Storage District. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately. ### 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 5202 of the Water Code is amended to read: 5202. (a) This section applies to a person who does either of the following: (1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2. (2) Extracts groundwater on or after July 1, 2017, 2018, in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724. (b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year. (c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following: (1) An extraction by a de minimis extractor. (2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2. (3) An extraction reported pursuant to Part 5 (commencing with Section 4999). (4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source. (d) Except as provided in Section 5209, the report shall be filed with the board. (e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted. (f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5. SEC. 2. Section 10720.7 of the Water Code is amended to read: 10720.7. (a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (2) By January 31, 2022, 2023, all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin. SEC. 3. Section 10724 of the Water Code is amended to read: 10724. (a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area. (b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1, 2017, 2018, in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following: (1) Notifies the department that it will not be the groundwater sustainability agency for an area. (2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30, 2017. 2018. SEC. 4. Section 10735.2 of the Water Code is amended to read: 10735.2. (a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin: (1) After June 30, 2017, 2018, none of the following have occurred: (A) A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin. (C) A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative. (2) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. (4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31, 2022, 2023, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred: (A) After January 31, 2022, 2023, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition of long-term overdraft. (B) After January 31, 2025, 2026, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. (b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision. (c) (1)   The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals. (2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter. (3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2. (4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202. (d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1, 2017, 2018, pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation. (e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would require a high- or medium-priority basin that is not subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plan by January 31, 2023. The act authorizes the state board to designate a high- or medium- priority basin that is not subject to critical conditions of overdraft as a probationary basin after January 31, 2025, if the determination is made that the plan is either inadequate or not being implemented in a manner that will likely achieve the sustainability goal and the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface water. This bill would change that date to January 31, 2026. The act authorizes the state board to designate a basin as a probationary basin if after June 30, 2017, there is not a groundwater sustainability agency or coordinated groundwater sustainability agencies for an entire high- or medium- priority basin, and no local agency has submitted an alternative. This bill would change that date to June 30, 2018.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 5202 of the Water Code is amended to read: 5202. (a) This section applies to a person who does either of the following: (1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2. (2) Extracts groundwater on or after July 1, 2017, 2018, in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724. (b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year. (c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following: (1) An extraction by a de minimis extractor. (2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2. (3) An extraction reported pursuant to Part 5 (commencing with Section 4999). (4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source. (d) Except as provided in Section 5209, the report shall be filed with the board. (e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted. (f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5. SEC. 2. Section 10720.7 of the Water Code is amended to read: 10720.7. (a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (2) By January 31, 2022, 2023, all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin. SEC. 3. Section 10724 of the Water Code is amended to read: 10724. (a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area. (b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1, 2017, 2018, in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following: (1) Notifies the department that it will not be the groundwater sustainability agency for an area. (2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30, 2017. 2018. SEC. 4. Section 10735.2 of the Water Code is amended to read: 10735.2. (a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin: (1) After June 30, 2017, 2018, none of the following have occurred: (A) A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin. (C) A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative. (2) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. (4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31, 2022, 2023, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred: (A) After January 31, 2022, 2023, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition of long-term overdraft. (B) After January 31, 2025, 2026, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. (b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision. (c) (1)   The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals. (2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter. (3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2. (4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202. (d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1, 2017, 2018, pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation. (e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal. ### 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 99200 of the Education Code, as amended by Section 2 of Chapter 632 of the Statutes of 2011, is amended to read: 99200. (a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following: (1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201. (2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards. (3) Provide teachers with instructional strategies for working with English learners. (4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors. (5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners. (6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research. (7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge. (8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. (9) Conduct a feasibility study to determine the appropriate grade level and subject area and potential cost for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices. (b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following: (1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter. (2) Developing rules and regulations for the statewide subject matter projects. (3) On or before January 1, 2016, providing a report on the subject matter projects to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a four-year period: (A) The number, and level of experience, of participants in each subject matter project. (B) The total amount of funds expended, on an annual basis, for each subject matter project. (C) An explanation of the type of professional development activities offered pursuant to each subject matter project, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content. (D) A list of the name and location of each school affiliated with a subject matter project. (c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects. (d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows: (1) One representative selected by the Regents of the University of California. (2) One representative selected by the Board of Trustees of the California State University. (3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction. (4) One representative selected by the Governor. (5) One representative selected by the Superintendent of Public Instruction. (6) One representative selected by the Commission on Teacher Credentialing. (7) One representative selected by the Curriculum Development and Supplemental Materials Commission. (8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges. (9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities. (e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code.
Existing provisions of the California Constitution provide that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law requests the Regents of the University of California, with the approval of the Concurrence Committee, to establish and maintain cooperative endeavors designed to accomplish specified purposes. This bill would add to these purposes conducting a feasibility study to determine the appropriate grade level and subject area and potential costs for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 99200 of the Education Code, as amended by Section 2 of Chapter 632 of the Statutes of 2011, is amended to read: 99200. (a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following: (1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201. (2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards. (3) Provide teachers with instructional strategies for working with English learners. (4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors. (5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners. (6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research. (7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge. (8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. (9) Conduct a feasibility study to determine the appropriate grade level and subject area and potential cost for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices. (b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following: (1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter. (2) Developing rules and regulations for the statewide subject matter projects. (3) On or before January 1, 2016, providing a report on the subject matter projects to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a four-year period: (A) The number, and level of experience, of participants in each subject matter project. (B) The total amount of funds expended, on an annual basis, for each subject matter project. (C) An explanation of the type of professional development activities offered pursuant to each subject matter project, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content. (D) A list of the name and location of each school affiliated with a subject matter project. (c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects. (d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows: (1) One representative selected by the Regents of the University of California. (2) One representative selected by the Board of Trustees of the California State University. (3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction. (4) One representative selected by the Governor. (5) One representative selected by the Superintendent of Public Instruction. (6) One representative selected by the Commission on Teacher Credentialing. (7) One representative selected by the Curriculum Development and Supplemental Materials Commission. (8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges. (9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities. (e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code. ### Summary: This bill would amend Section 99200 of the Education Code to require the Concurrence Committee to report to the Governor and to appropriate policy and
The people of the State of California do enact as follows: SECTION 1. Section 999.2 of the Military and Veterans Code is amended to read: 999.2. (a) Notwithstanding any other provision of law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department. (b) For purposes of this section: section the following definitions apply: (1) “Broker” or “agent” means any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. (2) “Equipment” means any piece of equipment that is used or provided for rental to any state agency, department, officer, or other state governmental entity, including equipment for which operators are provided. (3) “Equipment broker” means any broker or agent who rents equipment to an awarding department. (c) A disabled veteran business enterprise that rents equipment to an awarding department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall, prior to performance under any contract, submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker. (d) A disabled veteran business enterprise that rents equipment to an awarding department shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. (e) State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent goal. (f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to performing the contract, disclose to the awarding department that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. (g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise’s federal income tax returns for the three previous tax years. (2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise’s federal income tax returns that have a postcertification due date, on or before the due date, including extensions. (3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise’s federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns. (4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department’s 3-percent goal. (h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain.
Existing law requires contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts, as provided, to have statewide participation goals of not less than 3% for disabled veteran business enterprises, as defined. 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 999.2 of the Military and Veterans Code is amended to read: 999.2. (a) Notwithstanding any other provision of law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department. (b) For purposes of this section: section the following definitions apply: (1) “Broker” or “agent” means any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. (2) “Equipment” means any piece of equipment that is used or provided for rental to any state agency, department, officer, or other state governmental entity, including equipment for which operators are provided. (3) “Equipment broker” means any broker or agent who rents equipment to an awarding department. (c) A disabled veteran business enterprise that rents equipment to an awarding department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall, prior to performance under any contract, submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker. (d) A disabled veteran business enterprise that rents equipment to an awarding department shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. (e) State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent goal. (f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to performing the contract, disclose to the awarding department that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. (g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise’s federal income tax returns for the three previous tax years. (2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise’s federal income tax returns that have a postcertification due date, on or before the due date, including extensions. (3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise’s federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns. (4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department’s 3-percent goal. (h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain. ### Summary: This text is a summary of the text above. ### Instruction: Summary this text ### Text: The people of the State of California do enact
The people of the State of California do enact as follows: SECTION 1. Section 12519 of the Health and Safety Code is amended to read: 12519. “Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal. SEC. 2. Section 12520 of the Health and Safety Code is amended to read: 12520. “Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal. SEC. 3. Section 12565 of the Health and Safety Code is amended to read: 12565. All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors. SEC. 4. Section 12602 of the Health and Safety Code is amended to read: 12602. A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices. SEC. 5. Section 12632 of the Health and Safety Code is amended to read: 12632. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal. SEC. 6. Section 12634 of the Health and Safety Code is amended to read: 12634. When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks. SEC. 7. Section 12640 of the Health and Safety Code is amended to read: 12640. In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following: (a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. (b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. (c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. (d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket motors. (e) Discharging dangerous fireworks at any place, including a public display. (f) Using special effects. SEC. 8. Section 12688 of the Health and Safety Code is amended to read: 12688. It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit. SEC. 9. Section 12722 of the Health and Safety Code is amended to read: 12722. The following fireworks may be seized pursuant to Section 12721: (a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending. (b) All imported fireworks possessed without benefit of the filing of notices as required by this part. (c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part. (d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions. (e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions. (f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year. (g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks. (h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part. (i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed. (j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons. (k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit. (l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part. (m) Fireworks or pyrotechnic device offered for sale by a person violating this part.
Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a “model rocket” or “model rocket engine” to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided. This bill would add to the definition of “model rocket” a requirement that it conform to the definition of “model rocket” as used in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal, and would increase the maximum weight of a model rocket to not more than 1500 grams. This bill would change all references in statute to model rocket engines to instead refer to model rocket motors. The bill would revise the definition of “model rocket motor” to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of “model rocket motor” as used in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12519 of the Health and Safety Code is amended to read: 12519. “Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal. SEC. 2. Section 12520 of the Health and Safety Code is amended to read: 12520. “Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal. SEC. 3. Section 12565 of the Health and Safety Code is amended to read: 12565. All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors. SEC. 4. Section 12602 of the Health and Safety Code is amended to read: 12602. A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices. SEC. 5. Section 12632 of the Health and Safety Code is amended to read: 12632. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal. SEC. 6. Section 12634 of the Health and Safety Code is amended to read: 12634. When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks. SEC. 7. Section 12640 of the Health and Safety Code is amended to read: 12640. In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following: (a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. (b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. (c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. (d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket motors. (e) Discharging dangerous fireworks at any place, including a public display. (f) Using special effects. SEC. 8. Section 12688 of the Health and Safety Code is amended to read: 12688. It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit. SEC. 9. Section 12722 of the Health and Safety Code is amended to read: 12722. The following fireworks may be seized pursuant to Section 12721: (a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending. (b) All imported fireworks possessed without benefit of the filing of notices as required by this part. (c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part. (d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions. (e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions. (f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year. (g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks. (h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part. (i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed. (j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons. (k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit. (l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part. (m) Fireworks or pyrotechnic device offered for sale by a person violating 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. This act shall be known, and may be cited, as the Pool Safety Act. SEC. 2. The Legislature finds and declares all of the following: (a) Swimming pools provide children and their families with a wonderful opportunity for recreation, exercise, and fun. Keeping children safe during this activity is supported by parents and guardians, safety advocates, health providers, insurance companies, and the swimming pool industry. (b) According to both the federal Centers for Disease Control and Prevention’s National Center for Injury Prevention and Control and the State Department of Public Health’s EpiCenter data, drowning is the leading cause of death for California children one to four years of age, inclusive. (c) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California’s health care system, regional centers, and special education school programs. (d) Close parental supervision of children with access to swimming pools is essential to providing pool safety for children. Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, can help to deter young children from gaining unsupervised access to pools. Swimming lessons are encouraged and can help children understand the importance of water safety. (e) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a leading strategy to further California’s goal of dramatically reducing unintentional injury. SEC. 3. Section 7195 of the Business and Professions Code is amended to read: 7195. For purposes of this chapter, the following definitions apply: (a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (2) In connection with a transfer, as defined in subdivision (e), of real property with a swimming pool or spa, a “home inspection” shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with. (3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following: (A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts. (B) The number of window glass panes and frame types. (C) The heating and cooling equipment and water heating systems. (D) The age and fuel type of major appliances. (E) The exhaust and cooling fans. (F) The type of thermostat and other systems. (G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems. (H) The solar control efficiency of existing windows. (b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective. (c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the “home inspection report” shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features. (d) A “home inspector” is any individual who performs a home inspection. (e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. SEC. 4. Section 115922 of the Health and Safety Code is amended to read: 115922. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features: (1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. (2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. (3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. (4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” (5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa. (6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). (b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this act and, if no violations are found, shall give final approval. SEC. 5. Section 115925 of the Health and Safety Code is amended to read: 115925. The requirements of this article shall not apply to any of the following: (a) Public swimming pools. (b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials (ASTM F1346). (c) An apartment complex, or any residential setting other than a single-family home. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Existing law, the Swimming Pool Safety Act, provides that it does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified. The act further requires, when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work. This bill would instead require, when a building permit is issued, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would remove the exemption for the above-described political subdivisions. Existing law defines terms related to paid home inspections, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspector’s employer, as specified, has a financial interest. This bill would require a home inspection for real property with a swimming pool or spa to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the specified 7 drowning prevention safety features the pool or spa is equipped with. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Pool Safety Act. SEC. 2. The Legislature finds and declares all of the following: (a) Swimming pools provide children and their families with a wonderful opportunity for recreation, exercise, and fun. Keeping children safe during this activity is supported by parents and guardians, safety advocates, health providers, insurance companies, and the swimming pool industry. (b) According to both the federal Centers for Disease Control and Prevention’s National Center for Injury Prevention and Control and the State Department of Public Health’s EpiCenter data, drowning is the leading cause of death for California children one to four years of age, inclusive. (c) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California’s health care system, regional centers, and special education school programs. (d) Close parental supervision of children with access to swimming pools is essential to providing pool safety for children. Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, can help to deter young children from gaining unsupervised access to pools. Swimming lessons are encouraged and can help children understand the importance of water safety. (e) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a leading strategy to further California’s goal of dramatically reducing unintentional injury. SEC. 3. Section 7195 of the Business and Professions Code is amended to read: 7195. For purposes of this chapter, the following definitions apply: (a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (2) In connection with a transfer, as defined in subdivision (e), of real property with a swimming pool or spa, a “home inspection” shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with. (3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following: (A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts. (B) The number of window glass panes and frame types. (C) The heating and cooling equipment and water heating systems. (D) The age and fuel type of major appliances. (E) The exhaust and cooling fans. (F) The type of thermostat and other systems. (G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems. (H) The solar control efficiency of existing windows. (b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective. (c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the “home inspection report” shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features. (d) A “home inspector” is any individual who performs a home inspection. (e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. SEC. 4. Section 115922 of the Health and Safety Code is amended to read: 115922. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features: (1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. (2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. (3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. (4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” (5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa. (6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). (b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this act and, if no violations are found, shall give final approval. SEC. 5. Section 115925 of the Health and Safety Code is amended to read: 115925. The requirements of this article shall not apply to any of the following: (a) Public swimming pools. (b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials (ASTM F1346). (c) An apartment complex, or any residential setting other than a single-family home. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 10072 of the Welfare and Institutions Code is amended to read: 10072. The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following: (a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. (b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. (c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). (d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. (e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. (f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency. (i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. (2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). (3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. (j) Electronic benefits transfer system consumers shall be informed on as to how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. (k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. (l) Procedures shall be developed for error resolution. (m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. (n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. (o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. (p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. (q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following: (1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2. (2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system. (3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations. (4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system. (5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment. (6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery. (7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption. (r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.
Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. Existing law requires, among other things, that a recipient not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized 3rd party to directly access the benefits. 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 10072 of the Welfare and Institutions Code is amended to read: 10072. The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following: (a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. (b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. (c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). (d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. (e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. (f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency. (i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. (2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). (3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. (j) Electronic benefits transfer system consumers shall be informed on as to how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. (k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. (l) Procedures shall be developed for error resolution. (m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. (n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. (o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. (p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. (q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following: (1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2. (2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system. (3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations. (4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system. (5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment. (6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery. (7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption. (r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided. ### 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 12201.02 is added to the Welfare and Institutions Code, to read: 12201.02. Notwithstanding any other law, for the 2015–16 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level. SECTION 1. Section 1432 of the Health and Safety Code is amended to read: 1432. (a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following: (A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity. (B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity. (2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision. (3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417). (b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. (c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care worker’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action. (2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions. (d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. (e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled. (f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000). (g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both. (h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation. (i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (4)For purposes of this subdivision, “legal costs” means attorney’s fees, litigation costs, and expert witness fees incurred in the litigation. (j)For purposes of this section, “long-term health care facility” means a facility defined under Section 1418, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff. (k)For purposes of this section, “complainant” means a person who has filed a complaint, as defined in Section 1420. (l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law. 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 provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. This bill, for the 2015–16 fiscal year, and annually thereafter, would require the state maximum SSP grant for individuals to be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, equal 112% of the federal poverty level. By increasing the amount of SSP payments, which are expended from a continuously appropriated fund, the bill would make an appropriation. Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime. This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorney’s fees and other legal costs. Because this bill would expand the scope of a crime, it 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 12201.02 is added to the Welfare and Institutions Code, to read: 12201.02. Notwithstanding any other law, for the 2015–16 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level. SECTION 1. Section 1432 of the Health and Safety Code is amended to read: 1432. (a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following: (A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity. (B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity. (2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision. (3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417). (b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. (c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care worker’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action. (2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions. (d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. (e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled. (f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000). (g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both. (h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation. (i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (4)For purposes of this subdivision, “legal costs” means attorney’s fees, litigation costs, and expert witness fees incurred in the litigation. (j)For purposes of this section, “long-term health care facility” means a facility defined under Section 1418, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff. (k)For purposes of this section, “complainant” means a person who has filed a complaint, as defined in Section 1420. (l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law. 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 218 of the Revenue and Taxation Code is amended to read: 218. (a) The homeowners’ property tax exemption is in the amount of the assessed value of the dwelling specified in this section, as authorized pursuant to subdivision (k) of Section 3 of Article XIII of the Constitution. That exemption is in the following amounts: (1) Seven thousand dollars ($7,000) of the full value of the dwelling through the 2015–16 fiscal year. (2) (A) Beginning with the lien date for the 2016–17 fiscal year, twenty-five thousand dollars ($25,000) of the full value of the dwelling. (B) Beginning with the lien date for the 2017–18 fiscal year and for each fiscal year thereafter, the assessor shall adjust the exemption amount of the prior fiscal year by the percentage change, rounded to the nearest one-thousandth of 1 percent, in the House Price Index for California for the first three quarters of the prior calendar year, as determined by the federal Housing Finance Agency. (b) (1) The exemption does not extend to property that is rented, vacant, under construction on the lien date, or that is a vacation or secondary home of the owner or owners, nor does it apply to property on which an owner receives the veteran’s exemption. (2) Notwithstanding paragraph (1), if a person receiving the exemption is not occupying the dwelling on the lien date because the dwelling was damaged in a misfortune or calamity, the person shall be deemed to occupy that same dwelling as his or her principal place of residence on the lien date, provided the person’s absence from the dwelling is temporary and the person intends to return to the dwelling when possible to do so. Except as provided in paragraph (3), when a dwelling has been totally destroyed, and thus no dwelling exists on the lien date, the exemption provided by this section shall not be applicable until the structure has been replaced and is occupied as a dwelling. (3) A dwelling that was totally destroyed in a disaster for which the Governor proclaimed a state of emergency, that qualified for the exemption provided by this section prior to the commencement date of the disaster and that has not changed ownership since the commencement date of the disaster, shall be deemed occupied by the person receiving the exemption on the lien date provided the person intends to reconstruct a dwelling on the property and occupy the dwelling as his or her principal place of residence when it is possible to do so. (c) For purposes of this section, all of the following apply: (1) “Owner” includes a person purchasing the dwelling under a contract of sale or who holds shares or membership in a cooperative housing corporation, which holding is a requisite to the exclusive right of occupancy of a dwelling. (2) (A) “Dwelling” means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. A two-dwelling unit shall be considered as two separate single-family dwellings. (B) “Dwelling” includes the following: (i) A single-family dwelling occupied by an owner thereof as his or her principal place of residence on the lien date. (ii) A multiple-dwelling unit occupied by an owner thereof on the lien date as his or her principal place of residence. (iii) A condominium occupied by an owner thereof as his or her principal place of residence on the lien date. (iv) Premises occupied by the owner of shares or a membership interest in a cooperative housing corporation, as defined in subdivision (i) of Section 61, as his or her principal place of residence on the lien date. Each exemption allowed pursuant to this subdivision shall be deducted from the total assessed valuation of the cooperative housing corporation. The exemption shall be taken into account in apportioning property taxes among owners of share or membership interests in the cooperative housing corporations so as to benefit those owners who qualify for the exemption. (d) The exemption provided for in subdivision (k) of Section 3 of Article XIII of the California Constitution shall first be applied to the building, structure, or other shelter and the excess, if any, shall be applied to any land on which it may be located. SEC. 2. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A) (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. (ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to four hundred twenty-eight dollars ($428) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). (B) (i) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to two hundred fourteen dollars ($214) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). (2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1) Was a resident of this state, as defined in Section 17014. (2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d) “Qualified renter” does not include any of the following: (1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2) An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. (3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). For each taxable year beginning on or after January 1, 2017, the Franchise Tax Board shall also recompute the amount of the credit set forth in subdivision (a). These computations shall be made as follows: (1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. (2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. (3) The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). SEC. 3. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. 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. SEC. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
Existing property tax law provides, pursuant to the authority of a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined, and authorizes the Legislature to increase this exemption. This bill, beginning with the lien date for the 2016–17 fiscal year, would increase the homeowners’ exemption from $7,000 to $25,000 of the full value of a dwelling. This bill would also require, for the 2017–18 fiscal year and for each fiscal year thereafter, the county assessor to adjust the amount of the homeowners’ exemption by the percentage change in the House Price Index for California for the first 3 quarters of the prior calendar year, as specified. The California Constitution requires the Legislature, whenever it increases the homeowners’ property tax exemption, to provide a comparable increase in benefits to qualified renters. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. This bill would, for taxable years beginning on and after January 1, 2016, increase this credit for a qualified renter to $428 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, as adjusted for inflation, and to an amount equal to $214 for other individuals if adjusted gross income is $25,000 or less, as adjusted for inflation. The bill would also require, for taxable years beginning on or after January 1, 2017, the Franchise Tax Board to annually adjust for inflation, based upon the California Consumer Price Index, the amount of these credits. The bill would also make technical, nonsubstantive changes to the renters’ credit. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption. 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. This bill would take effect immediately as a tax levy.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 218 of the Revenue and Taxation Code is amended to read: 218. (a) The homeowners’ property tax exemption is in the amount of the assessed value of the dwelling specified in this section, as authorized pursuant to subdivision (k) of Section 3 of Article XIII of the Constitution. That exemption is in the following amounts: (1) Seven thousand dollars ($7,000) of the full value of the dwelling through the 2015–16 fiscal year. (2) (A) Beginning with the lien date for the 2016–17 fiscal year, twenty-five thousand dollars ($25,000) of the full value of the dwelling. (B) Beginning with the lien date for the 2017–18 fiscal year and for each fiscal year thereafter, the assessor shall adjust the exemption amount of the prior fiscal year by the percentage change, rounded to the nearest one-thousandth of 1 percent, in the House Price Index for California for the first three quarters of the prior calendar year, as determined by the federal Housing Finance Agency. (b) (1) The exemption does not extend to property that is rented, vacant, under construction on the lien date, or that is a vacation or secondary home of the owner or owners, nor does it apply to property on which an owner receives the veteran’s exemption. (2) Notwithstanding paragraph (1), if a person receiving the exemption is not occupying the dwelling on the lien date because the dwelling was damaged in a misfortune or calamity, the person shall be deemed to occupy that same dwelling as his or her principal place of residence on the lien date, provided the person’s absence from the dwelling is temporary and the person intends to return to the dwelling when possible to do so. Except as provided in paragraph (3), when a dwelling has been totally destroyed, and thus no dwelling exists on the lien date, the exemption provided by this section shall not be applicable until the structure has been replaced and is occupied as a dwelling. (3) A dwelling that was totally destroyed in a disaster for which the Governor proclaimed a state of emergency, that qualified for the exemption provided by this section prior to the commencement date of the disaster and that has not changed ownership since the commencement date of the disaster, shall be deemed occupied by the person receiving the exemption on the lien date provided the person intends to reconstruct a dwelling on the property and occupy the dwelling as his or her principal place of residence when it is possible to do so. (c) For purposes of this section, all of the following apply: (1) “Owner” includes a person purchasing the dwelling under a contract of sale or who holds shares or membership in a cooperative housing corporation, which holding is a requisite to the exclusive right of occupancy of a dwelling. (2) (A) “Dwelling” means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. A two-dwelling unit shall be considered as two separate single-family dwellings. (B) “Dwelling” includes the following: (i) A single-family dwelling occupied by an owner thereof as his or her principal place of residence on the lien date. (ii) A multiple-dwelling unit occupied by an owner thereof on the lien date as his or her principal place of residence. (iii) A condominium occupied by an owner thereof as his or her principal place of residence on the lien date. (iv) Premises occupied by the owner of shares or a membership interest in a cooperative housing corporation, as defined in subdivision (i) of Section 61, as his or her principal place of residence on the lien date. Each exemption allowed pursuant to this subdivision shall be deducted from the total assessed valuation of the cooperative housing corporation. The exemption shall be taken into account in apportioning property taxes among owners of share or membership interests in the cooperative housing corporations so as to benefit those owners who qualify for the exemption. (d) The exemption provided for in subdivision (k) of Section 3 of Article XIII of the California Constitution shall first be applied to the building, structure, or other shelter and the excess, if any, shall be applied to any land on which it may be located. SEC. 2. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A) (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. (ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to four hundred twenty-eight dollars ($428) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). (B) (i) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to two hundred fourteen dollars ($214) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). (2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1) Was a resident of this state, as defined in Section 17014. (2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d) “Qualified renter” does not include any of the following: (1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2) An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. (3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). For each taxable year beginning on or after January 1, 2017, the Franchise Tax Board shall also recompute the amount of the credit set forth in subdivision (a). These computations shall be made as follows: (1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. (2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. (3) The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). SEC. 3. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. 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. SEC. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into 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. Article 23 (commencing with Section 18901) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: Article 23. Prevention of Animal Homelessness and Cruelty Fund 18901. (a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Prevention of Animal Homelessness and Cruelty Fund established by Section 18901.1. That designation is to be used as a voluntary contribution on the tax return. (b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. (c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made is irrevocable. If payments and credits reported on the return, together with any other credits associated with the taxpayer’s account, do not exceed the taxpayer’s liability, the return shall be treated as though no designation has been made. (d) When another voluntary contribution designation is removed from the tax return, or as soon as space is available, whichever occurs first, the Franchise Tax Board shall revise the form of the return to include a space labeled the “Prevention of Animal Homelessness and Cruelty Fund” to allow for the designation permitted. The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: (1) Programs designed to prevent and eliminate cat and dog homelessness. (2) Prevention, investigation, and prosecution of animal cruelty and neglect. (e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). 18901.1. There is hereby established in the State Treasury the Prevention of Animal Homelessness and Cruelty Fund to receive contributions made pursuant to Section 18901. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18901 to be transferred to the Prevention of Animal Homelessness and Cruelty Fund. The Controller shall transfer from the Personal Income Tax Fund to the Prevention of Animal Homelessness and Cruelty Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18901 for payment into that fund. 18901.2. (a) All money transferred to the Prevention of Animal Homelessness and Cruelty Fund, upon appropriation by the Legislature, shall be allocated as follows: (1) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. (2) To the Department of Food and Agriculture for allocation as follows: (A) Up to 5 percent of the funds allocated to the department shall be used by the department for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate for dissemination, and whatever other activities are deemed necessary and appropriate to promote the fund. (B) Up to two hundred fifty thousand dollars ($250,000) shall be distributed to, and used by, a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section for the sole purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. (C) The remaining moneys, if any, shall be used by programs designed to prevent and eliminate cat and dog homelessness or programs for the prevention, investigation, and prosecution of animal cruelty and neglect. The grants are to be distributed to a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate. A society for the prevention of cruelty to animals affiliate or a humane society affiliate shall be a California corporation, duly incorporated in the state of California, in active status, as described on the business search page of the Secretary of State’s Internet Web site, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (b) The Department of Food and Agriculture shall award grants through a competitive, project-specific grant process and shall be responsible for overseeing that grant program. A grantee shall not use a grant award for administrative expenses or for any purposes outside of California. (c) The Department of Food and Agriculture may consult with the State Department of Public Health to develop the grant process and the oversight of the grant program. (d) No Prevention of Animal Homelessness and Cruelty Fund money shall be used to supplant state General Fund money for any purpose. 18901.3. (a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, and is repealed as of December 1 of that year. (b) (1) By September 1 of the second calendar year and by September 1 of each subsequent calendar year that the Prevention of Animal Homelessness and Cruelty Fund appears on the tax return, the Franchise Tax Board shall do all of the following: (A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. (B) Provide written notification to the Department of Food and Agriculture of the amount determined in subparagraph (A). (C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. (2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. (3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). (c) For each calendar year, beginning with the third calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: (1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year, multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.
Existing law allows an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Prevention of Animal Homelessness and Cruelty Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund when another voluntary designation is removed from the form or there is space, whichever occurs first. This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Department of Food and Agriculture for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions and the distribution of grants on a competitive basis to, among others, a city, county, or city and county animal control agency or shelter, as specified, for the purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 23 (commencing with Section 18901) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: Article 23. Prevention of Animal Homelessness and Cruelty Fund 18901. (a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Prevention of Animal Homelessness and Cruelty Fund established by Section 18901.1. That designation is to be used as a voluntary contribution on the tax return. (b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. (c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made is irrevocable. If payments and credits reported on the return, together with any other credits associated with the taxpayer’s account, do not exceed the taxpayer’s liability, the return shall be treated as though no designation has been made. (d) When another voluntary contribution designation is removed from the tax return, or as soon as space is available, whichever occurs first, the Franchise Tax Board shall revise the form of the return to include a space labeled the “Prevention of Animal Homelessness and Cruelty Fund” to allow for the designation permitted. The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: (1) Programs designed to prevent and eliminate cat and dog homelessness. (2) Prevention, investigation, and prosecution of animal cruelty and neglect. (e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). 18901.1. There is hereby established in the State Treasury the Prevention of Animal Homelessness and Cruelty Fund to receive contributions made pursuant to Section 18901. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18901 to be transferred to the Prevention of Animal Homelessness and Cruelty Fund. The Controller shall transfer from the Personal Income Tax Fund to the Prevention of Animal Homelessness and Cruelty Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18901 for payment into that fund. 18901.2. (a) All money transferred to the Prevention of Animal Homelessness and Cruelty Fund, upon appropriation by the Legislature, shall be allocated as follows: (1) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. (2) To the Department of Food and Agriculture for allocation as follows: (A) Up to 5 percent of the funds allocated to the department shall be used by the department for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate for dissemination, and whatever other activities are deemed necessary and appropriate to promote the fund. (B) Up to two hundred fifty thousand dollars ($250,000) shall be distributed to, and used by, a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section for the sole purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. (C) The remaining moneys, if any, shall be used by programs designed to prevent and eliminate cat and dog homelessness or programs for the prevention, investigation, and prosecution of animal cruelty and neglect. The grants are to be distributed to a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate. A society for the prevention of cruelty to animals affiliate or a humane society affiliate shall be a California corporation, duly incorporated in the state of California, in active status, as described on the business search page of the Secretary of State’s Internet Web site, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (b) The Department of Food and Agriculture shall award grants through a competitive, project-specific grant process and shall be responsible for overseeing that grant program. A grantee shall not use a grant award for administrative expenses or for any purposes outside of California. (c) The Department of Food and Agriculture may consult with the State Department of Public Health to develop the grant process and the oversight of the grant program. (d) No Prevention of Animal Homelessness and Cruelty Fund money shall be used to supplant state General Fund money for any purpose. 18901.3. (a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, and is repealed as of December 1 of that year. (b) (1) By September 1 of the second calendar year and by September 1 of each subsequent calendar year that the Prevention of Animal Homelessness and Cruelty Fund appears on the tax return, the Franchise Tax Board shall do all of the following: (A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. (B) Provide written notification to the Department of Food and Agriculture of the amount determined in subparagraph (A). (C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. (2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. (3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). (c) For each calendar year, beginning with the third calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: (1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year, multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. ### Summary: This bill would add Article 23 (commencing with Section 18901) to Chapter 3 of Part 10.2 of
The people of the State of California do enact as follows: SECTION 1. Section 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days prior to a hearing by the Board of Parole Hearings, the prisoner shall be permitted to review his or her file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The prisoner shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner nor the attorney for the prisoner shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The prisoner and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following a meeting where a parole date has been set, the board shall send the prisoner a written statement setting forth his or her parole date, the conditions he or she must meet in order to be released on the date set, and the consequences of failure to meet those conditions. (2) Within 20 days following a meeting where a parole date has not been set, the board shall send the prisoner a written statement setting forth the reason or reasons for refusal to set a parole date, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than 10 additional years. (B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than seven additional years. (C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the prisoner, but does not require a more lengthy period of incarceration for the prisoner than seven additional years. (4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). (5) Within 10 days of a board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action. (6) Within 10 days of a board action resulting in the rescinding of a previously set parole date, the board shall send the prisoner a written statement setting forth the reason or reasons for that action, and shall schedule the prisoner’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. (2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. SEC. 1.5. Section 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. (2) Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. (B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. (C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. (4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). (5) Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. (2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Senate Bill 230. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Senate Bill 230, in which case Section 1 of this bill shall not become operative.
Existing law provides that, one year prior to the minimum eligible parole release date of an inmate serving an indeterminate sentence, a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings shall meet with the inmate and set a parole release date, as specified. Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, establishes procedures at all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, and provides prisoners and victims specified rights at these hearings. This bill would require notification of the district attorney of the county in which the offense was committed, or his or her designee, to receive notification of specified parole proceedings. This bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by SB 230 that would become operative if this bill and SB 230 are both chaptered 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 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days prior to a hearing by the Board of Parole Hearings, the prisoner shall be permitted to review his or her file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The prisoner shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner nor the attorney for the prisoner shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The prisoner and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following a meeting where a parole date has been set, the board shall send the prisoner a written statement setting forth his or her parole date, the conditions he or she must meet in order to be released on the date set, and the consequences of failure to meet those conditions. (2) Within 20 days following a meeting where a parole date has not been set, the board shall send the prisoner a written statement setting forth the reason or reasons for refusal to set a parole date, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than 10 additional years. (B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than seven additional years. (C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the prisoner, but does not require a more lengthy period of incarceration for the prisoner than seven additional years. (4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). (5) Within 10 days of a board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action. (6) Within 10 days of a board action resulting in the rescinding of a previously set parole date, the board shall send the prisoner a written statement setting forth the reason or reasons for that action, and shall schedule the prisoner’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. (2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. SEC. 1.5. Section 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. (2) Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. (B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. (C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. (4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). (5) Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. (2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Senate Bill 230. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Senate Bill 230, in which case Section 1 of this bill shall not become operative. ### 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 12926 of the Government Code is amended to read: 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) “Age” refers to the chronological age of any individual who has reached his or her 40th birthday. (c) Except as provided by Section 12926.05, “employee” does not include any individual employed by his or her parents, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: “Employer” does not include a religious association or corporation not organized for private profit. (e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. (f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. (1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: (A) The function may be essential because the reason the position exists is to perform that function. (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following: (A) The employer’s judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job. (C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement. (F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) (1) “Genetic information” means, with respect to any individual, information about any of the following: (A) The individual’s genetic tests. (B) The genetic tests of family members of the individual. (C) The manifestation of a disease or disorder in family members of the individual. (2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (3) “Genetic information” does not include information about the sex or age of any individual. (h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. (i) “Medical condition” means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: (A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. (j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. (l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. (m) “Physical disability” includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m). (o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status” 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. (p) “Reasonable accommodation” may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (q) “Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. (r) (1) “Sex” includes, but is not limited to, the following: (A) Pregnancy or medical conditions related to pregnancy. (B) Childbirth or medical conditions related to childbirth. (C) Breastfeeding or medical conditions related to breastfeeding. (2) “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (s) “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. (t) “Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: (1) The nature and cost of the accommodation needed. (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. (4) The type of operations, including the composition, structure, and functions of the workforce of the entity. (5) The geographic separateness or administrative or fiscal relationship of the facility or facilities. (v) “National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license granted under Section 12801.9 of the Vehicle Code. SEC. 2. Section 12926.05 is added to the Government Code, to read: 12926.05. (a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility may bring an action under this part for any form of harassment or discrimination prohibited by this part. (b) If an individual specified in subdivision (a) brings an action against an employer for any form of harassment or discrimination prohibited by this part, the employer has an affirmative defense to the action by proving, by a preponderance of evidence, both of the following: (1) The challenged activity was permitted by statute or regulation. (2) The challenged activity was necessary to serve employees with disabilities under a special license pursuant to Section 1191 or 1191.5 of the Labor Code. (c) Nothing in this part relating to discrimination on account of disability shall subject an employer to legal liability for obtaining a license pursuant to Section 1191.5 of the Labor Code or paying an individual with a physical or mental disability less than minimum wage pursuant to either Section 1191 or Section 1191.5 of the Labor Code. (d) The Legislature finds and declares that the definition of employee in subdivision (c) of Section 12926 was not intended to permit the harassment of, or discrimination against, an individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility.
Existing law, the California Fair Employment and Housing Act, protects the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics. The act prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis. The act prescribes requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing and charges this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties. The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The act excludes from the definition of “employee,” any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage. This bill would authorize an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility to bring an action under the act for any form of harassment or discrimination prohibited by the act. The bill would provide an employer against whom the individual brings this action with an affirmative defense by proving, by a preponderance of evidence, that the challenged action was permitted by statute or regulation and was necessary to serve employees with disabilities under a special license. The bill would exempt an employer’s obtaining a special license, or hiring or employing a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act’s provisions prohibiting discrimination based on disability. The bill would provide that the definition of employee was not intended to permit the harassment of, or discrimination against, an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12926 of the Government Code is amended to read: 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) “Age” refers to the chronological age of any individual who has reached his or her 40th birthday. (c) Except as provided by Section 12926.05, “employee” does not include any individual employed by his or her parents, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: “Employer” does not include a religious association or corporation not organized for private profit. (e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. (f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. (1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: (A) The function may be essential because the reason the position exists is to perform that function. (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following: (A) The employer’s judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job. (C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement. (F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) (1) “Genetic information” means, with respect to any individual, information about any of the following: (A) The individual’s genetic tests. (B) The genetic tests of family members of the individual. (C) The manifestation of a disease or disorder in family members of the individual. (2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (3) “Genetic information” does not include information about the sex or age of any individual. (h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. (i) “Medical condition” means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: (A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. (j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. (l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. (m) “Physical disability” includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m). (o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status” 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. (p) “Reasonable accommodation” may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (q) “Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. (r) (1) “Sex” includes, but is not limited to, the following: (A) Pregnancy or medical conditions related to pregnancy. (B) Childbirth or medical conditions related to childbirth. (C) Breastfeeding or medical conditions related to breastfeeding. (2) “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (s) “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. (t) “Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: (1) The nature and cost of the accommodation needed. (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. (4) The type of operations, including the composition, structure, and functions of the workforce of the entity. (5) The geographic separateness or administrative or fiscal relationship of the facility or facilities. (v) “National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license granted under Section 12801.9 of the Vehicle Code. SEC. 2. Section 12926.05 is added to the Government Code, to read: 12926.05. (a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility may bring an action under this part for any form of harassment or discrimination prohibited by this part. (b) If an individual specified in subdivision (a) brings an action against an employer for any form of harassment or discrimination prohibited by this part, the employer has an affirmative defense to the action by proving, by a preponderance of evidence, both of the following: (1) The challenged activity was permitted by statute or regulation. (2) The challenged activity was necessary to serve employees with disabilities under a special license pursuant to Section 1191 or 1191.5 of the Labor Code. (c) Nothing in this part relating to discrimination on account of disability shall subject an employer to legal liability for obtaining a license pursuant to Section 1191.5 of the Labor Code or paying an individual with a physical or mental disability less than minimum wage pursuant to either Section 1191 or Section 1191.5 of the Labor Code. (d) The Legislature finds and declares that the definition of employee in subdivision (c) of Section 12926 was not intended to permit the harassment of, or discrimination against, an individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility. ### 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 1797.5 of the Fish and Game Code is amended to read: 1797.5. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. (b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. (c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank. (d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following: (1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial. (3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (4) Establish mitigation in advance of any impacts or effects. (5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section. (e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site. (f) “Mitigation bank” means either of the following: (1) A bank site or mitigation bank site as defined by Section 1777.2. (2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d). (g) “Person” has the meaning set forth in subdivision (b) of Section 711.2. (h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment. SEC. 2. Section 1930 of the Fish and Game Code is amended to read: 1930. The Legislature finds and declares that: (a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens. (b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost. (c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity. (d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds. (e) Increasingly fragmented habitats threaten the state’s wildlife species. (f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state. (g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors. (h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners. (i) The department’s existing mapping activities and products should be developed and sustained. (j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable. SEC. 3. Section 1930.5 of the Fish and Game Code is amended to read: 1930.5. (a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas. (b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities. (c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to: (A) Acquisition or protection of wildlife corridors as open space through conservation easements. (B) Installing of wildlife-friendly or directional fencing. (C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources. (D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas. (2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c). (e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820 of the Fish and Game Code, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) For purposes of this section, the following terms have the following meanings: (1) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development. (2) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.
Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. This bill would declare that it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable. Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined. This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources. This bill would provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1797.5 of the Fish and Game Code is amended to read: 1797.5. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. (b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. (c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank. (d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following: (1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial. (3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (4) Establish mitigation in advance of any impacts or effects. (5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section. (e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site. (f) “Mitigation bank” means either of the following: (1) A bank site or mitigation bank site as defined by Section 1777.2. (2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d). (g) “Person” has the meaning set forth in subdivision (b) of Section 711.2. (h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment. SEC. 2. Section 1930 of the Fish and Game Code is amended to read: 1930. The Legislature finds and declares that: (a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens. (b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost. (c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity. (d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds. (e) Increasingly fragmented habitats threaten the state’s wildlife species. (f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state. (g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors. (h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners. (i) The department’s existing mapping activities and products should be developed and sustained. (j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable. SEC. 3. Section 1930.5 of the Fish and Game Code is amended to read: 1930.5. (a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas. (b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities. (c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to: (A) Acquisition or protection of wildlife corridors as open space through conservation easements. (B) Installing of wildlife-friendly or directional fencing. (C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources. (D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas. (2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c). (e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820 of the Fish and Game Code, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) For purposes of this section, the following terms have the following meanings: (1) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development. (2) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another. ### Summary: This bill would amend Sections 1797.5 and 1930.5 of the Fish and Game Code, relating to wildlife corridors and
The people of the State of California do enact as follows: SECTION 1. Section 1925 of the Business and Professions Code is amended to read: 1925. A registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code, as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, as an employee of a clinic owned or operated by a public hospital or health system, as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code, or as an employee of a professional corporation under the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code. SEC. 2. Article 9.1 (commencing with Section 1967) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read: Article 9.1. Registered Dental Hygienist in Alternative Practice Corporations 1967. A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Committee of California. 1967.1. It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. 1967.2. A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act. 1967.3. The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation. 1967.4. (a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased. (b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. SEC. 3. Section 13401 of the Corporations Code is amended to read: 13401. As used in this part: (a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. (b) “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services. (c) “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. (d) “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee. (e) “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering. SEC. 4. Section 13401.5 of the Corporations Code is amended to read: 13401.5. Notwithstanding subdivision (d) of Section 13401 and any other provision of law, the following licensed persons may be shareholders, officers, directors, or professional employees of the professional corporations designated in this section so long as the sum of all shares owned by those licensed persons does not exceed 49 percent of the total number of shares of the professional corporation so designated herein, and so long as the number of those licensed persons owning shares in the professional corporation so designated herein does not exceed the number of persons licensed by the governmental agency regulating the designated professional corporation. This section does not limit employment by a professional corporation designated in this section to only those licensed professionals listed under each subdivision. Any person duly licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act may be employed to render professional services by a professional corporation designated in this section. (a) Medical corporation. (1) Licensed doctors of podiatric medicine. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed physician assistants. (8) Licensed chiropractors. (9) Licensed acupuncturists. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (12) Licensed physical therapists. (b) Podiatric medical corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed physical therapists. (c) Psychological corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed chiropractors. (8) Licensed acupuncturists. (9) Naturopathic doctors. (10) Licensed professional clinical counselors. (d) Speech-language pathology corporation. (1) Licensed audiologists. (e) Audiology corporation. (1) Licensed speech-language pathologists. (f) Nursing corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed physician assistants. (8) Licensed chiropractors. (9) Licensed acupuncturists. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (g) Marriage and family therapist corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed clinical social workers. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed professional clinical counselors. (h) Licensed clinical social worker corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed marriage and family therapists. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed professional clinical counselors. (i) Physician assistants corporation. (1) Licensed physicians and surgeons. (2) Registered nurses. (3) Licensed acupuncturists. (4) Naturopathic doctors. (j) Optometric corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (k) Chiropractic corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed optometrists. (6) Licensed marriage and family therapists. (7) Licensed clinical social workers. (8) Licensed acupuncturists. (9) Naturopathic doctors. (10) Licensed professional clinical counselors. (l) Acupuncture corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed optometrists. (6) Licensed marriage and family therapists. (7) Licensed clinical social workers. (8) Licensed physician assistants. (9) Licensed chiropractors. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (m) Naturopathic doctor corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed physician assistants. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Licensed physical therapists. (8) Licensed doctors of podiatric medicine. (9) Licensed marriage and family therapists. (10) Licensed clinical social workers. (11) Licensed optometrists. (12) Licensed professional clinical counselors. (n) Dental corporation. (1) Licensed physicians and surgeons. (2) Dental assistants. (3) Registered dental assistants. (4) Registered dental assistants in extended functions. (5) Registered dental hygienists. (6) Registered dental hygienists in extended functions. (7) Registered dental hygienists in alternative practice. (o) Professional clinical counselor corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed clinical social workers. (4) Licensed marriage and family therapists. (5) Registered nurses. (6) Licensed chiropractors. (7) Licensed acupuncturists. (8) Naturopathic doctors. (p) Physical therapy corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed acupuncturists. (4) Naturopathic doctors. (5) Licensed occupational therapists. (6) Licensed speech-language therapists. (7) Licensed audiologists. (8) Registered nurses. (9) Licensed psychologists. (10) Licensed physician assistants. (q) Registered dental hygienist in alternative practice corporation. (1) Registered dental assistants. (2) Licensed dentists. (3) Registered dental hygienists. (4) Registered dental hygienists in extended functions.
Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice by the Dental Hygiene Committee of California. Existing law authorizes a registered dental hygienist in alternative practice to practice pursuant to specified provisions of law as, among other things, an independent contractor or an employee of a specified clinic. Existing law, the Moscone-Knox Professional Corporation Act, prohibits a professional corporation from rendering professional services in this state without a currently effective certificate of registration issued by the governmental agency regulating the profession in which the corporation is or proposes to be engaged and excepts any professional corporation rendering professional services by persons duly licensed by specified state entities from that requirement. Existing law authorizes specified healing arts licensees to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares. However, existing law specifies that it does not limit employment by a designated professional corporation to only those healing arts licensees and authorizes any healing arts licensee to be employed to render professional services by a designated professional corporation. This bill would additionally except any professional corporation rendering professional services by persons duly licensed by the Dental Hygiene Committee of California from the certificate of registration requirement. The bill would authorize registered dental assistants, licensed dentists, registered dental hygienists, and registered dental hygienists in extended functions to be shareholders, officers, directors, or professional employees of a registered dental hygienist in alternative practice corporation. The bill would, in the Dental Practice Act, authorize a registered dental hygienist in alternative practice to practice as an employee of a professional corporation, as specified. The bill would make it unprofessional conduct to violate, attempt to violate, assist in or abet the violation of, or conspire to violate, specified provisions regarding registered dental hygienists in alternative practice corporations, the Moscone-Knox Professional Corporation Act, or any regulations adopted under those laws. The bill would require a licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation to practice within the scope of their license and be subject to all applicable licensure provisions in their respective practice act. The bill would require the bylaws of a registered dental hygienist in alternative practice corporation to include a provision requiring the capital stock of a disqualified or deceased person to be sold to specified parties within a specified period of time. The bill would also require such a corporation to provide security for claims by patients.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1925 of the Business and Professions Code is amended to read: 1925. A registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code, as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, as an employee of a clinic owned or operated by a public hospital or health system, as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code, or as an employee of a professional corporation under the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code. SEC. 2. Article 9.1 (commencing with Section 1967) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read: Article 9.1. Registered Dental Hygienist in Alternative Practice Corporations 1967. A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Committee of California. 1967.1. It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. 1967.2. A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act. 1967.3. The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation. 1967.4. (a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased. (b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. SEC. 3. Section 13401 of the Corporations Code is amended to read: 13401. As used in this part: (a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. (b) “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services. (c) “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. (d) “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee. (e) “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering. SEC. 4. Section 13401.5 of the Corporations Code is amended to read: 13401.5. Notwithstanding subdivision (d) of Section 13401 and any other provision of law, the following licensed persons may be shareholders, officers, directors, or professional employees of the professional corporations designated in this section so long as the sum of all shares owned by those licensed persons does not exceed 49 percent of the total number of shares of the professional corporation so designated herein, and so long as the number of those licensed persons owning shares in the professional corporation so designated herein does not exceed the number of persons licensed by the governmental agency regulating the designated professional corporation. This section does not limit employment by a professional corporation designated in this section to only those licensed professionals listed under each subdivision. Any person duly licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act may be employed to render professional services by a professional corporation designated in this section. (a) Medical corporation. (1) Licensed doctors of podiatric medicine. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed physician assistants. (8) Licensed chiropractors. (9) Licensed acupuncturists. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (12) Licensed physical therapists. (b) Podiatric medical corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed physical therapists. (c) Psychological corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Registered nurses. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed chiropractors. (8) Licensed acupuncturists. (9) Naturopathic doctors. (10) Licensed professional clinical counselors. (d) Speech-language pathology corporation. (1) Licensed audiologists. (e) Audiology corporation. (1) Licensed speech-language pathologists. (f) Nursing corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Licensed optometrists. (5) Licensed marriage and family therapists. (6) Licensed clinical social workers. (7) Licensed physician assistants. (8) Licensed chiropractors. (9) Licensed acupuncturists. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (g) Marriage and family therapist corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed clinical social workers. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed professional clinical counselors. (h) Licensed clinical social worker corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed marriage and family therapists. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (8) Licensed professional clinical counselors. (i) Physician assistants corporation. (1) Licensed physicians and surgeons. (2) Registered nurses. (3) Licensed acupuncturists. (4) Naturopathic doctors. (j) Optometric corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Naturopathic doctors. (k) Chiropractic corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed optometrists. (6) Licensed marriage and family therapists. (7) Licensed clinical social workers. (8) Licensed acupuncturists. (9) Naturopathic doctors. (10) Licensed professional clinical counselors. (l) Acupuncture corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed psychologists. (4) Registered nurses. (5) Licensed optometrists. (6) Licensed marriage and family therapists. (7) Licensed clinical social workers. (8) Licensed physician assistants. (9) Licensed chiropractors. (10) Naturopathic doctors. (11) Licensed professional clinical counselors. (m) Naturopathic doctor corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Registered nurses. (4) Licensed physician assistants. (5) Licensed chiropractors. (6) Licensed acupuncturists. (7) Licensed physical therapists. (8) Licensed doctors of podiatric medicine. (9) Licensed marriage and family therapists. (10) Licensed clinical social workers. (11) Licensed optometrists. (12) Licensed professional clinical counselors. (n) Dental corporation. (1) Licensed physicians and surgeons. (2) Dental assistants. (3) Registered dental assistants. (4) Registered dental assistants in extended functions. (5) Registered dental hygienists. (6) Registered dental hygienists in extended functions. (7) Registered dental hygienists in alternative practice. (o) Professional clinical counselor corporation. (1) Licensed physicians and surgeons. (2) Licensed psychologists. (3) Licensed clinical social workers. (4) Licensed marriage and family therapists. (5) Registered nurses. (6) Licensed chiropractors. (7) Licensed acupuncturists. (8) Naturopathic doctors. (p) Physical therapy corporation. (1) Licensed physicians and surgeons. (2) Licensed doctors of podiatric medicine. (3) Licensed acupuncturists. (4) Naturopathic doctors. (5) Licensed occupational therapists. (6) Licensed speech-language therapists. (7) Licensed audiologists. (8) Registered nurses. (9) Licensed psychologists. (10) Licensed physician assistants. (q) Registered dental hygienist in alternative practice corporation. (1) Registered dental assistants. (2) Licensed dentists. (3) Registered dental hygienists. (4) Registered dental hygienists in extended functions. ### 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) Between 2002 and 2006, the rates of maternal deaths and severe complications doubled in both California and the United States. For every maternal death, there are approximately 100 cases of severe complications as defined by the federal Centers for Disease Control and Prevention. Severe complications occur in nearly 2 percent of all California births. (b) Not only are these deaths and severe complications devastating for those affected families, but the cost to the state and private payers is significant. The University of California at Los Angeles studied the costs for maternal hemorrhage and preeclampsia/hypertension, the two leading causes of preventable maternal mortality and 80 percent of severe maternal morbidity. The study estimates that these conditions together cost Medi-Cal $200 million every year. (c) Information and data regarding maternal mortality and morbidity provides a clearer understanding as to the causes and can be used for guidance in quality improvement projects needed to reduce or eliminate deaths and severe complications. (d) Analysis using certificates of death alone has proven to be an incomplete and inadequate window into the underlying causes and assessment of maternal deaths and needs to be supplemented with other material, including coroner’s reports and medical records. (e) The federal Centers for Disease Control and Prevention (CDC), the American Congress of Obstetricians and Gynecologists (ACOG), and the Maternal Child Health Bureau (HRSA-MCHB) all strongly encourage every state to form and support a multi-disciplinary committee to annually review maternal deaths in as timely a manner as possible. The CDC reports that 33 states have instituted maternal mortality committees. (f) California’s over 500,000 annual births represent fully one-eighth of all United States births (and maternal deaths). Reviews of these cases represent an important resource for state and national efforts to better understand and reverse the rising rates of maternal mortality and morbidity. (g) Data from prior California maternal mortality reviews have been particularly useful for launching statewide improvement projects to reduce maternal deaths led by the State Department of Public Health and the California Maternal Quality Care Collaborative. This act shall establish an ongoing multi-disciplinary panel for maternal mortality and severe morbidity reviews, including reports to the Legislature. SEC. 2. Section 123237 is added to the Health and Safety Code, to read: 123237. (a) For the purposes of this section, “maternal mortality” or “maternal death” means a death of a woman while pregnant or within 42 days of delivering or following the end of a pregnancy when the woman’s death is from medical causes, including suicide, and is related to or aggravated by the pregnancy. Cases meeting these criteria are currently estimated to total between 70 and 90 cases each year. Additional deaths occurring between 42 days and 1 year following delivery may be included in these reviews if resources and time permit. “Severe maternal morbidity” means major maternal complications, as defined by the federal Centers for Disease Control and Prevention, occurring during birth or within 42 days of delivery. (b) A maternal mortality review panel is established to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. A maternity care provider shall chair the panel. Members of the panel shall be appointed by the director, must serve without compensation, and may include, as a minimum: (1) An obstetrician. (2) A physician specializing in maternal fetal medicine. (3) A neonatologist. (4) A certified nurse-midwife. (5) A labor and delivery nurse. (6) An anesthesiologist. (7) A representative from the department who works in the field of maternal and child health. (8) An epidemiologist with experience analyzing perinatal data. (9) Other professionals determined by the department and the committee chair to address specific case review topics by the committee. (c) The maternal mortality review panel shall conduct multidisciplinary reviews of maternal mortality and severe morbidity in California. The panel may not call witnesses or take testimony from any individual involved in the investigation of a maternal death or enforce any public health standard or criminal law, or otherwise participate, in any legal proceeding relating to a maternal death. (d) (1) Information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternal mortality review panel are confidential and are not subject to public inspection or discovery or introduction into evidence in any civil action. (2) Any person who attends a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel's information, documents, proceedings, records, or opinions shall not testify in any civil action as to the content of those proceedings, or the panel's information, documents, records, or opinions. This paragraph does not prevent a member of the panel from testifying in a civil action concerning facts that form the basis for the panel's proceedings of which the panel member has personal knowledge acquired independently of the panel or that is public information. (3) Any person who, in substantial good faith, participates as a member of the maternal mortality review panel or provides information to further the purposes of the maternal mortality review panel may not be subject to an action for civil damages or other relief as a result of the activity or its consequences. (4) All meetings, proceedings, and deliberations of the maternal mortality review panel may, at the discretion of the maternal mortality review panel, be confidential and may be conducted in executive session. (5) The maternal mortality review panel and the director may retain identifiable information regarding facilities where maternal deaths occur, or from which the patient was transferred, and geographic information on each case solely for the purposes of trending and analysis over time. All individually identifiable information shall be removed before any case is reviewed by the panel. (e) The department shall review department available data to identify maternal deaths. To aid in determining whether a maternal death was related to or aggravated by the pregnancy, and whether it was preventable, the department has the authority to do both of the following: (1) Request and receive data for specific maternal deaths, including, but not limited to, all medical records, autopsy reports, medical examiner reports, coroner’s reports, and social service records. (2) Request and receive data, as described in paragraph (1), from health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department. (f) Upon request by the department, health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department must provide all medical records, autopsy reports, medical examiner reports, coroner’s reports, social services records, information, and other data requested for specific maternal deaths as provided in this subdivision to the department. (g) The panel shall also review severe maternal morbidity data provided by either the department or the California Maternal Quality Care Collaborative (CMQCC). This data shall be aggregated and deidentified but indicate major causes of morbidity and time trends. (h) (1) Notwithstanding Section 10231.5 of the Government Code, the department, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. The report shall protect the confidentiality of all decedents and other participants involved in any incident. The report shall be distributed publically to stimulate performance improvement. Interim results may be shared with the CMQCC quality improvement programs. The report shall include both the following: (A) A description of the maternal deaths reviewed by the panel during the preceding twenty-four months, including statistics and causes of maternal deaths presented in the aggregate. The report must not disclose any identifying information of patients, decedents, providers, and organizations involved. (B) Evidence-based system changes and policy recommendations to improve maternal outcomes and reduce preventable maternal deaths in California. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (i) The department may use Title V Block Grant Program funds to support these efforts and may apply for additional federal government and private foundation grants, as needed. The department may also accept private, foundation, city, county, or federal monies to implement this section. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 123237 of the Health and Safety Code, imposes a limitation on the public’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 confidential information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternity mortality review panel, it is necessary that this act limit the public’s right of access to that information. SECTION 1. Section 123237 is added to the Health and Safety Code , to read: 123237. (a)Notwithstanding Section 10231.5 of the Government Code, the State Department of Public Health, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California. The report shall include, but not be limited to, all of the following: (1)An analysis of maternal deaths that includes both of the following: (A)Case review of each death. (B)Analysis of patient demographics, contributing factors, and underlying causes. (2)An analysis of all cases of severe maternal morbidity, as defined by the federal Centers for Disease Control and Prevention, for which data collection is practicable, including analysis of patient demographics and underlying causes. (3)Suggestions for improvements in care to reduce maternal death and severe maternal morbidity. (b)In order to develop accurate reports in a resource-efficient manner, the department shall consider existing resources, including, but not limited to, all of the following: (1)Existing data sources available to the department. (2)Opportunities for partnerships with entities engaged in maternal care quality measurement or improvement. (3)Use of physician volunteers or committees. (c)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, as specified. Existing law requires the department to maintain a program of maternal, child, and adolescent health. This bill would require the department to prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California, including an analysis of maternal deaths and severe maternal morbidity. The bill would also require the department, in order to develop accurate reports in a resource-efficient manner, to consider existing resources, including, among others, opportunities for partnerships with other entities and use of physician volunteers. This bill would establish a maternal mortality review panel to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. The bill would also make information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the State Department of Public Health in support of the maternal mortality review panel confidential and not subject to public inspection, discovery, or introduction into evidence in any civil action. The bill would also prohibit any person in attendance at a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel’s information, documents, proceedings, records, or opinions to testify in any civil action as to the content of those proceedings or the panel’s information, documents, records, or opinions. The bill would require the State Department of Public Health to review department available data to identify maternal deaths and would mandate health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the State Department of Public Health to provide documents, as specified, upon request of the department. The bill also requires the State Department of Public Health to prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. 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. The Legislature finds and declares all of the following: (a) Between 2002 and 2006, the rates of maternal deaths and severe complications doubled in both California and the United States. For every maternal death, there are approximately 100 cases of severe complications as defined by the federal Centers for Disease Control and Prevention. Severe complications occur in nearly 2 percent of all California births. (b) Not only are these deaths and severe complications devastating for those affected families, but the cost to the state and private payers is significant. The University of California at Los Angeles studied the costs for maternal hemorrhage and preeclampsia/hypertension, the two leading causes of preventable maternal mortality and 80 percent of severe maternal morbidity. The study estimates that these conditions together cost Medi-Cal $200 million every year. (c) Information and data regarding maternal mortality and morbidity provides a clearer understanding as to the causes and can be used for guidance in quality improvement projects needed to reduce or eliminate deaths and severe complications. (d) Analysis using certificates of death alone has proven to be an incomplete and inadequate window into the underlying causes and assessment of maternal deaths and needs to be supplemented with other material, including coroner’s reports and medical records. (e) The federal Centers for Disease Control and Prevention (CDC), the American Congress of Obstetricians and Gynecologists (ACOG), and the Maternal Child Health Bureau (HRSA-MCHB) all strongly encourage every state to form and support a multi-disciplinary committee to annually review maternal deaths in as timely a manner as possible. The CDC reports that 33 states have instituted maternal mortality committees. (f) California’s over 500,000 annual births represent fully one-eighth of all United States births (and maternal deaths). Reviews of these cases represent an important resource for state and national efforts to better understand and reverse the rising rates of maternal mortality and morbidity. (g) Data from prior California maternal mortality reviews have been particularly useful for launching statewide improvement projects to reduce maternal deaths led by the State Department of Public Health and the California Maternal Quality Care Collaborative. This act shall establish an ongoing multi-disciplinary panel for maternal mortality and severe morbidity reviews, including reports to the Legislature. SEC. 2. Section 123237 is added to the Health and Safety Code, to read: 123237. (a) For the purposes of this section, “maternal mortality” or “maternal death” means a death of a woman while pregnant or within 42 days of delivering or following the end of a pregnancy when the woman’s death is from medical causes, including suicide, and is related to or aggravated by the pregnancy. Cases meeting these criteria are currently estimated to total between 70 and 90 cases each year. Additional deaths occurring between 42 days and 1 year following delivery may be included in these reviews if resources and time permit. “Severe maternal morbidity” means major maternal complications, as defined by the federal Centers for Disease Control and Prevention, occurring during birth or within 42 days of delivery. (b) A maternal mortality review panel is established to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. A maternity care provider shall chair the panel. Members of the panel shall be appointed by the director, must serve without compensation, and may include, as a minimum: (1) An obstetrician. (2) A physician specializing in maternal fetal medicine. (3) A neonatologist. (4) A certified nurse-midwife. (5) A labor and delivery nurse. (6) An anesthesiologist. (7) A representative from the department who works in the field of maternal and child health. (8) An epidemiologist with experience analyzing perinatal data. (9) Other professionals determined by the department and the committee chair to address specific case review topics by the committee. (c) The maternal mortality review panel shall conduct multidisciplinary reviews of maternal mortality and severe morbidity in California. The panel may not call witnesses or take testimony from any individual involved in the investigation of a maternal death or enforce any public health standard or criminal law, or otherwise participate, in any legal proceeding relating to a maternal death. (d) (1) Information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternal mortality review panel are confidential and are not subject to public inspection or discovery or introduction into evidence in any civil action. (2) Any person who attends a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel's information, documents, proceedings, records, or opinions shall not testify in any civil action as to the content of those proceedings, or the panel's information, documents, records, or opinions. This paragraph does not prevent a member of the panel from testifying in a civil action concerning facts that form the basis for the panel's proceedings of which the panel member has personal knowledge acquired independently of the panel or that is public information. (3) Any person who, in substantial good faith, participates as a member of the maternal mortality review panel or provides information to further the purposes of the maternal mortality review panel may not be subject to an action for civil damages or other relief as a result of the activity or its consequences. (4) All meetings, proceedings, and deliberations of the maternal mortality review panel may, at the discretion of the maternal mortality review panel, be confidential and may be conducted in executive session. (5) The maternal mortality review panel and the director may retain identifiable information regarding facilities where maternal deaths occur, or from which the patient was transferred, and geographic information on each case solely for the purposes of trending and analysis over time. All individually identifiable information shall be removed before any case is reviewed by the panel. (e) The department shall review department available data to identify maternal deaths. To aid in determining whether a maternal death was related to or aggravated by the pregnancy, and whether it was preventable, the department has the authority to do both of the following: (1) Request and receive data for specific maternal deaths, including, but not limited to, all medical records, autopsy reports, medical examiner reports, coroner’s reports, and social service records. (2) Request and receive data, as described in paragraph (1), from health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department. (f) Upon request by the department, health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department must provide all medical records, autopsy reports, medical examiner reports, coroner’s reports, social services records, information, and other data requested for specific maternal deaths as provided in this subdivision to the department. (g) The panel shall also review severe maternal morbidity data provided by either the department or the California Maternal Quality Care Collaborative (CMQCC). This data shall be aggregated and deidentified but indicate major causes of morbidity and time trends. (h) (1) Notwithstanding Section 10231.5 of the Government Code, the department, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. The report shall protect the confidentiality of all decedents and other participants involved in any incident. The report shall be distributed publically to stimulate performance improvement. Interim results may be shared with the CMQCC quality improvement programs. The report shall include both the following: (A) A description of the maternal deaths reviewed by the panel during the preceding twenty-four months, including statistics and causes of maternal deaths presented in the aggregate. The report must not disclose any identifying information of patients, decedents, providers, and organizations involved. (B) Evidence-based system changes and policy recommendations to improve maternal outcomes and reduce preventable maternal deaths in California. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (i) The department may use Title V Block Grant Program funds to support these efforts and may apply for additional federal government and private foundation grants, as needed. The department may also accept private, foundation, city, county, or federal monies to implement this section. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 123237 of the Health and Safety Code, imposes a limitation on the public’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 confidential information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternity mortality review panel, it is necessary that this act limit the public’s right of access to that information. SECTION 1. Section 123237 is added to the Health and Safety Code , to read: 123237. (a)Notwithstanding Section 10231.5 of the Government Code, the State Department of Public Health, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California. The report shall include, but not be limited to, all of the following: (1)An analysis of maternal deaths that includes both of the following: (A)Case review of each death. (B)Analysis of patient demographics, contributing factors, and underlying causes. (2)An analysis of all cases of severe maternal morbidity, as defined by the federal Centers for Disease Control and Prevention, for which data collection is practicable, including analysis of patient demographics and underlying causes. (3)Suggestions for improvements in care to reduce maternal death and severe maternal morbidity. (b)In order to develop accurate reports in a resource-efficient manner, the department shall consider existing resources, including, but not limited to, all of the following: (1)Existing data sources available to the department. (2)Opportunities for partnerships with entities engaged in maternal care quality measurement or improvement. (3)Use of physician volunteers or committees. (c)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. ### Summary: This bill establishes a Maternal Mortality Review Panel to review cases of maternal mortality and severe maternal morbidity in California. The panel shall conduct multidisciplinary reviews of maternal deaths and
The people of the State of California do enact as follows: SECTION 1. Section 94874 of the Education Code is amended to read: 94874. Except as provided in Section 94874.2, the following are exempt from this chapter: (a) An institution that offers solely avocational or recreational educational programs. (b) (1) An institution offering educational programs sponsored by a bona fide trade, business, professional, or fraternal organization, solely for that organization’s membership. (2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions: (i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Investment Board but has met the requirements for placement on the list. (ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Investment Board and meets the requirements for continued listing. (B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Investment Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards. (c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions. (d) An institution offering either of the following: (1) Test preparation for examinations required for admission to a postsecondary educational institution. (2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following: (A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field. (B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field. (C) A bona fide trade, business, or professional organization. (e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements: (A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of Business and Professions Code. (B) The diploma or degree is limited to evidence of completion of that education. (2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization. (3) An institution operating under this subdivision shall not award degrees in any area of physical science. (4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree’s subject area. (5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as “associate of religious studies,” “bachelor of religious studies,” “master of divinity,” or “doctor of divinity.” (f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its Internet Web site, as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. (g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. (h) A nonprofit public benefit corporation that satisfies all of the following criteria: (1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code. (2) Is organized specifically to provide workforce development or rehabilitation services. (3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation. (i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges. (j) An institution that satisfies all of the following criteria: (1) The institution has been accredited, for at least 10 years, by an accrediting agency that is recognized by the United States Department of Education. (2) The institution has operated continuously in this state for at least 25 years. (3) During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code. (4) The institution’s cohort default rate on guaranteed student loans does not exceed 10 percent for the most recent three years, as published by the United States Department of Education. (5) The institution maintains a composite score of 1.5 or greater on its equity, primary reserve, and net income ratios, as provided under Section 668.172 of Title 34 of the Code of Federal Regulations. (6) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance. (7) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later. (8) The institution submits to the bureau copies of its most recent IRS Form 990, the institution’s Integrated Postsecondary Education Data System Report of the United States Department of Education, and its accumulated default rate. (9) The institution is incorporated and lawfully operates as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and is not managed or administered by an entity for profit. (k) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria: (1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness. (2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500).
Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts an institution from its provisions, if any of a list of specific criteria are met. This bill would exempt from the provisions of the act a bona fide organization, association, or council that offers preapprenticeship training programs on behalf of one or more labor-management apprenticeship programs that are approved by the Division of Apprenticeship Standards if the organization, association, or council satisfies specified requirements.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 94874 of the Education Code is amended to read: 94874. Except as provided in Section 94874.2, the following are exempt from this chapter: (a) An institution that offers solely avocational or recreational educational programs. (b) (1) An institution offering educational programs sponsored by a bona fide trade, business, professional, or fraternal organization, solely for that organization’s membership. (2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions: (i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Investment Board but has met the requirements for placement on the list. (ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Investment Board and meets the requirements for continued listing. (B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Investment Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards. (c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions. (d) An institution offering either of the following: (1) Test preparation for examinations required for admission to a postsecondary educational institution. (2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following: (A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field. (B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field. (C) A bona fide trade, business, or professional organization. (e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements: (A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of Business and Professions Code. (B) The diploma or degree is limited to evidence of completion of that education. (2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization. (3) An institution operating under this subdivision shall not award degrees in any area of physical science. (4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree’s subject area. (5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as “associate of religious studies,” “bachelor of religious studies,” “master of divinity,” or “doctor of divinity.” (f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its Internet Web site, as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. (g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. (h) A nonprofit public benefit corporation that satisfies all of the following criteria: (1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code. (2) Is organized specifically to provide workforce development or rehabilitation services. (3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation. (i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges. (j) An institution that satisfies all of the following criteria: (1) The institution has been accredited, for at least 10 years, by an accrediting agency that is recognized by the United States Department of Education. (2) The institution has operated continuously in this state for at least 25 years. (3) During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code. (4) The institution’s cohort default rate on guaranteed student loans does not exceed 10 percent for the most recent three years, as published by the United States Department of Education. (5) The institution maintains a composite score of 1.5 or greater on its equity, primary reserve, and net income ratios, as provided under Section 668.172 of Title 34 of the Code of Federal Regulations. (6) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance. (7) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later. (8) The institution submits to the bureau copies of its most recent IRS Form 990, the institution’s Integrated Postsecondary Education Data System Report of the United States Department of Education, and its accumulated default rate. (9) The institution is incorporated and lawfully operates as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and is not managed or administered by an entity for profit. (k) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria: (1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness. (2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500). ### 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 15277.5 is added to the Government Code, to read: 15277.5. The division shall require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The project pursuant to this section shall use historical empirical call data to determine the most efficient routing for wireless 911 calls. SECTION 1. SEC. 2. Section 41030 of the Revenue and Taxation Code, as added by Section 6 of Chapter 885 of the Statutes of 2014, is repealed. SEC. 2. SEC. 3. 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) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by the Office of Emergency Services using estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. (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 determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by 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. 3. SEC. 4. Section 41030 of the Revenue and Taxation Code, as added 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, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. The surcharge rate shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. (b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. (c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office’s Internet Web site. (d) This section shall become operative on January 1, 2020. SEC. 4. 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 restart the Routing on Empirical Data (RED) Project for efficient routing of wireless 911 calls and to fully fund the “911” emergency telephone number system, it is necessary that this act take effect immediately.
Existing law establishes the Public Safety Communications Division within the Office of Emergency Services, under the supervision of a chief, to carry out specific duties relating to state needs and plans for public safety communications systems and equipment. This bill would require the division to require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The bill would require that the project use historical empirical call data to determine the most efficient routing for wireless 911 calls. 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, subject to a specified formula, that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs, as specified. This bill would instead impose the surcharge at a flat monthly rate of between $0.15 and $0.75, determined annually by the office. 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 15277.5 is added to the Government Code, to read: 15277.5. The division shall require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The project pursuant to this section shall use historical empirical call data to determine the most efficient routing for wireless 911 calls. SECTION 1. SEC. 2. Section 41030 of the Revenue and Taxation Code, as added by Section 6 of Chapter 885 of the Statutes of 2014, is repealed. SEC. 2. SEC. 3. 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) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by the Office of Emergency Services using estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. (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 determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by 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. 3. SEC. 4. Section 41030 of the Revenue and Taxation Code, as added 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, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. The surcharge rate shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. (b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. (c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office’s Internet Web site. (d) This section shall become operative on January 1, 2020. SEC. 4. 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 restart the Routing on Empirical Data (RED) Project for efficient routing of wireless 911 calls and to fully fund the “911” emergency telephone number system, it is necessary that this act take effect immediately. ### Summary: This bill reinstates the Routing on Empirical Data (RED) Project, which was previously repealed by Chapter 926 of the Statutes of 201
The people of the State of California do enact as follows: SECTION 1. Section 3212 of the Labor Code is repealed. SEC. 2. Section 3212 is added to the Labor Code, to read: 3212. (a) As used in this act, the term “injury” includes both of the following: (1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself during a period while the member is in the service of the office, staff, division, department, or unit: (A) Members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid. (B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid. (C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. (D) Regular salaried county or city and county peace officers. (E) Full-time peace officers, other than those described in subparagraph (A) or (D), as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (F) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department: (A) Members of fire departments. (B) Members of county forestry or firefighting departments. (C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting. (D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. (E) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. (c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation. (e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. SEC. 3. Section 3212.1 of the Labor Code is amended to read: 3212.1. (a) This section applies to all of the following: (1) Active firefighting members, whether those members are volunteers, or are partly paid or fully paid, of all of the following fire departments: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. (3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (4) Part-time peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities, and full-time peace officers described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. (B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (6) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. (c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity. (e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. (f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010. SEC. 4. Section 3212.5 of the Labor Code is repealed. SEC. 5. Section 3212.5 is added to the Labor Code, to read: 3212.5. (a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself during a period while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed upon a regular, full-time salary: (1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. (3) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but, unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation. SEC. 6. Section 3212.6 of the Labor Code is repealed. SEC. 7. Section 3212.6 is added to the Labor Code, to read: 3212.6. (a) (1) The term “injury” includes tuberculosis that develops or manifests itself during a period while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons: (A) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code if that person is employed upon a regular, full-time salary. (B) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. (C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed upon a regular, full-time salary. (D) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if that person is employed upon a regular, full-time salary. (E) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis. (F) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis. (2) The tuberculosis developing or manifesting itself as described in paragraph (1) shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person described in paragraph (1) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis. (c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. SEC. 8. Section 3212.85 of the Labor Code is repealed. SEC. 9. Section 3212.85 is added to the Labor Code, to read: 3212.85. (a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision: (1) A part-time peace officer described in Sections 830.1 to 830.5, inclusive, of, or a full-time peace officer described in, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) A member of a fire department. (3) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (c) The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) For purposes of this section, the following definitions apply: (1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. (2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. SEC. 10. Section 3212.9 of the Labor Code is repealed. SEC. 11. Section 3212.9 is added to the Labor Code, to read: 3212.9. (a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division: (1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (2) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary. (3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary. (4) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (b) For purposes of this section, meningitis shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.
Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified. This bill would expand the coverage of the above provisions relating to compensable injury, to include other, full-time peace officers described pursuant to specified provisions of law. The bill would also expand the coverage of these provisions to include, upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, include a custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer to whom these provisions already apply. The bill would also make technical and clarifying changes.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3212 of the Labor Code is repealed. SEC. 2. Section 3212 is added to the Labor Code, to read: 3212. (a) As used in this act, the term “injury” includes both of the following: (1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself during a period while the member is in the service of the office, staff, division, department, or unit: (A) Members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid. (B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid. (C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. (D) Regular salaried county or city and county peace officers. (E) Full-time peace officers, other than those described in subparagraph (A) or (D), as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (F) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department: (A) Members of fire departments. (B) Members of county forestry or firefighting departments. (C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting. (D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. (E) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. (c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation. (e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. SEC. 3. Section 3212.1 of the Labor Code is amended to read: 3212.1. (a) This section applies to all of the following: (1) Active firefighting members, whether those members are volunteers, or are partly paid or fully paid, of all of the following fire departments: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. (3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (4) Part-time peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities, and full-time peace officers described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. (B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (6) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. (c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity. (e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. (f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010. SEC. 4. Section 3212.5 of the Labor Code is repealed. SEC. 5. Section 3212.5 is added to the Labor Code, to read: 3212.5. (a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself during a period while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed upon a regular, full-time salary: (1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. (3) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but, unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation. SEC. 6. Section 3212.6 of the Labor Code is repealed. SEC. 7. Section 3212.6 is added to the Labor Code, to read: 3212.6. (a) (1) The term “injury” includes tuberculosis that develops or manifests itself during a period while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons: (A) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code if that person is employed upon a regular, full-time salary. (B) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. (C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed upon a regular, full-time salary. (D) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if that person is employed upon a regular, full-time salary. (E) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis. (F) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis. (2) The tuberculosis developing or manifesting itself as described in paragraph (1) shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person described in paragraph (1) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis. (c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. SEC. 8. Section 3212.85 of the Labor Code is repealed. SEC. 9. Section 3212.85 is added to the Labor Code, to read: 3212.85. (a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision: (1) A part-time peace officer described in Sections 830.1 to 830.5, inclusive, of, or a full-time peace officer described in, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) A member of a fire department. (3) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (c) The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) For purposes of this section, the following definitions apply: (1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. (2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. SEC. 10. Section 3212.9 of the Labor Code is repealed. SEC. 11. Section 3212.9 is added to the Labor Code, to read: 3212.9. (a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division: (1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (2) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary. (3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary. (4) Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a A custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. (b) For purposes of this section, meningitis shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers. ### 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 25132 of the Government Code is amended to read: 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action. (b) Every violation determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year. (3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. SEC. 2. Section 53069.4 of the Government Code is amended to read: 53069.4. (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900. (2) Notwithstanding paragraph (1), the amount of an administrative fine for a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following: (A) For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000). (B) For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500). (C) For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000). (D) Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine: (i) The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety. (ii) The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment. (E) For purposes of this paragraph, “a one-time violation” means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. (3) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. (b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. (2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court. (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. (d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest. Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. This bill would authorize a county to establish administrative fines, not to exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, subject to certain county findings.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25132 of the Government Code is amended to read: 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action. (b) Every violation determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year. (3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. SEC. 2. Section 53069.4 of the Government Code is amended to read: 53069.4. (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900. (2) Notwithstanding paragraph (1), the amount of an administrative fine for a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following: (A) For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000). (B) For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500). (C) For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000). (D) Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine: (i) The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety. (ii) The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment. (E) For purposes of this paragraph, “a one-time violation” means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. (3) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. (b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. (2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court. (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. (d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance. ### 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 17053.88 of the Revenue and Taxation Code is amended to read: 17053.88. (a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “net tax” (as defined by Section 17039), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. (b) For purposes of this section, the following definitions shall apply: (1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: (A) All of the following: (i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. (ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. (iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. (iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. (v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. (B) All of the following food as defined in Section 109935 of the Health and Safety Code: (i) Rice. (ii) Beans. (iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. (iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (v) Infant formula subject to Section 114094.5 of the Health and Safety Code. (vi) Vegetable oil and olive oil. (vii) Soup, pasta sauce, and salsa. (viii) Bread and pasta. (ix) Canned meats and canned seafood. (2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. (3) “Qualified value” means either of the following: (A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. (B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. (c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). (d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. (e) The credit allowed by this section may be claimed only on a timely filed original return. (f) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. (g) Using the information available to the Franchise Tax Board from the certificates required under subdivision (d) and subdivision (d) of Section 23688, the Franchise Tax Board shall report to the Legislature on or before December 1, 2014, and each December 1 thereafter until the inoperative date specified in paragraph (2) of subdivision (h), regarding the utilization of the credit authorized by this section and Section 23688. The Franchise Tax Board shall also include in the report the estimated value of the qualified donation items, the origin of the qualified donation items, and the month the donation was made. (h) (1) A report required to be submitted pursuant to subdivision (g) shall be submitted in compliance with Section 9795 of the Government Code. (2) The requirement for submitting a report imposed under subdivision (g) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. (i) This section shall be repealed on December 1, 2021. SEC. 2. Section 23688 of the Revenue and Taxation Code is amended to read: 23688. (a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “tax” (as defined by Section 23036), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. (b) For purposes of this section, the following definitions shall apply: (1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: (A) All of the following: (i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. (ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. (iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. (iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. (v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. (B) All of the following food as defined in Section 109935 of the Health and Safety Code: (i) Rice. (ii) Beans. (iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. (iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (v) Infant formula subject to Section 114094.5 of the Health and Safety Code. (vi) Vegetable oil and olive oil. (vii) Soup, pasta sauce, and salsa. (viii) Bread and pasta. (ix) Canned meats and canned seafood. (2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. (3) “Qualified value” means either of the following: (A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. (B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. (c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). (d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. (e) The credit allowed by this section may be claimed only on a timely filed original return. (f) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. (g) This section shall be repealed on December 1, 2021. SEC. 3. The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: CHAPTER 14.5. The CalFood Program SEC. 4. Section 18995 of the Welfare and Institutions Code is amended to read: 18995. (a) On and after January 1, 2016, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. (b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. (c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: (1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. (2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program.
(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, for taxable years beginning on or after January 1, 2012, and before January 1, 2017, a credit for qualified taxpayers, defined as the person responsible for planting a crop, managing the crop, and harvesting the crop from the land, in an amount equal to 10% of the cost that would otherwise be included in, or required to be included in, inventory costs, as specified under federal law, with respect to the donation of fresh fruits or fresh vegetables to food banks located in California. This bill, under both laws, would expand the credit to apply to the donation of qualified donation items, defined as raw agricultural products or processed foods. The bill would expand the definition of qualified taxpayer to also include the person responsible for growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. The bill would modify the credit amount to instead equal 15% of the qualified value, as defined, of the qualified donation items, but not less than an amount that would otherwise be calculated and allowed under existing law. The bill would extend the operation of the credit to taxable years before January 1, 2021, and would require it to be claimed on a timely filed original return. The bill would make various conforming changes and would also make a nonsubstantive change to the personal income tax provision. (2) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program (SEFAP), to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account and, upon appropriation by the Legislature, would allocate the moneys in the account to SEFAP and require that those moneys be used for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. This bill would rename the State Emergency Food Assistance Program (SEFAP) as the CalFood Program and would rename the State Emergency Food Assistance Program Account as the CalFood Account. The bill would make other conforming changes in this regard.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17053.88 of the Revenue and Taxation Code is amended to read: 17053.88. (a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “net tax” (as defined by Section 17039), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. (b) For purposes of this section, the following definitions shall apply: (1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: (A) All of the following: (i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. (ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. (iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. (iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. (v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. (B) All of the following food as defined in Section 109935 of the Health and Safety Code: (i) Rice. (ii) Beans. (iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. (iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (v) Infant formula subject to Section 114094.5 of the Health and Safety Code. (vi) Vegetable oil and olive oil. (vii) Soup, pasta sauce, and salsa. (viii) Bread and pasta. (ix) Canned meats and canned seafood. (2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. (3) “Qualified value” means either of the following: (A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. (B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. (c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). (d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. (e) The credit allowed by this section may be claimed only on a timely filed original return. (f) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. (g) Using the information available to the Franchise Tax Board from the certificates required under subdivision (d) and subdivision (d) of Section 23688, the Franchise Tax Board shall report to the Legislature on or before December 1, 2014, and each December 1 thereafter until the inoperative date specified in paragraph (2) of subdivision (h), regarding the utilization of the credit authorized by this section and Section 23688. The Franchise Tax Board shall also include in the report the estimated value of the qualified donation items, the origin of the qualified donation items, and the month the donation was made. (h) (1) A report required to be submitted pursuant to subdivision (g) shall be submitted in compliance with Section 9795 of the Government Code. (2) The requirement for submitting a report imposed under subdivision (g) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. (i) This section shall be repealed on December 1, 2021. SEC. 2. Section 23688 of the Revenue and Taxation Code is amended to read: 23688. (a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “tax” (as defined by Section 23036), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. (b) For purposes of this section, the following definitions shall apply: (1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: (A) All of the following: (i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. (ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. (iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. (iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. (v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. (B) All of the following food as defined in Section 109935 of the Health and Safety Code: (i) Rice. (ii) Beans. (iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. (iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (v) Infant formula subject to Section 114094.5 of the Health and Safety Code. (vi) Vegetable oil and olive oil. (vii) Soup, pasta sauce, and salsa. (viii) Bread and pasta. (ix) Canned meats and canned seafood. (2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. (3) “Qualified value” means either of the following: (A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. (B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. (c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). (d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. (e) The credit allowed by this section may be claimed only on a timely filed original return. (f) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. (g) This section shall be repealed on December 1, 2021. SEC. 3. The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: CHAPTER 14.5. The CalFood Program SEC. 4. Section 18995 of the Welfare and Institutions Code is amended to read: 18995. (a) On and after January 1, 2016, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. (b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. (c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: (1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. (2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. ### Summary: This bill would amend the Revenue and Taxation Code to allow taxpayers to claim a credit against their tax liability for donations of qualified donation items to food banks. The bill
The people of the State of California do enact as follows: SECTION 1. Section 147.6 is added to the Labor Code, to read: 147.6. (a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel. (b) The standard adopted pursuant to subdivision (a) shall include all of the following: (1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE). (2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification. (3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision. (4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13/ACS 1 standard. (5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy. (6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020. (7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention. (8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following: (A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075. (9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet. (c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section. SECTION 1. SEC. 2. Section 3073.5 of the Labor Code is amended to read: 3073.5. The Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following: (a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years. (b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years. (c) Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates. (d) The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal. (e) The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. (f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. (g) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. This bill would require the board, by June 1, 2017, to adopt a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. Because certain violations of these new requirements would be a misdemeanor, the bill would impose a state-mandated local program. Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation. Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state. This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year. 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 147.6 is added to the Labor Code, to read: 147.6. (a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel. (b) The standard adopted pursuant to subdivision (a) shall include all of the following: (1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE). (2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification. (3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision. (4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13/ACS 1 standard. (5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy. (6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020. (7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention. (8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following: (A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075. (9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet. (c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section. SECTION 1. SEC. 2. Section 3073.5 of the Labor Code is amended to read: 3073.5. The Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following: (a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years. (b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years. (c) Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates. (d) The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal. (e) The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. (f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. (g) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. 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 would require the Division of Apprenticeship Standards to adopt a standard for corrosion prevention work on industrial and infrastructure projects that requires employers to use trained and certified personnel.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. (b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. (c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: (1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. (2) Pupils are less likely to drop out of school. (3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. (4) Pupils are likely to maintain higher attendance rates in school. (5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. (6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. (7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. (d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: (1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. (2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. (3) Schools that support service learning and community service are more likely to have positive relationships with their community. SEC. 2. Section 51221.1 is added to the Education Code, to read: 51221.1. (a) The Superintendent shall develop curriculum standards for social studies courses that incorporate a service learning component in order to satisfy the requirements of subparagraph (D) of paragraph (1) paragraph (3) of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. (b) (1) The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before July 1, 2016. March 1, 2017. The state board shall adopt or reject curriculum standards that incorporate a service learning component into social studies courses on or before January July 1, 2017. These If the state board adopts the proposed curriculum standards, the curriculum standards shall be implemented by school districts, commencing with the 2017–18 school year, as a component of social studies courses in order to satisfy the requirements of subparagraph (D) of paragraph (1) (3) of subdivision (a) of Section 51225.3. (2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. SEC. 3. Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: 51225.3. (a) A pupil shall complete coursework in accordance with all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: (A) Three courses in English. (B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the classes completed by a pupil to satisfy the requirements of this subparagraph shall have a service learning component. (E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. (F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. (2) Other coursework requirements adopted by the governing board of the school district. (3) (A) Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. (B) For purposes of this subdivision, “service learning” is defined as follows: (i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. (ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. (b) The governing board of the school district, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. (c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. (d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. 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.
(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These requirements include the completion of 3 courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, and one-semester courses in American government and economics. This bill would express legislative findings and declarations relating to service learning. The bill would additionally require, commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the social studies classes courses completed by a pupil to satisfy the graduation requirements referenced above to have a service learning component. The bill would define “service learning” for this purpose. The bill would require the Superintendent of Public Instruction to develop curriculum standards for social studies courses that incorporate a service learning component in order to satisfy the requirements of this bill. The bill would require the Superintendent to consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The bill would require the Superintendent to submit these proposed curriculum standards to the State Board of Education on or before July 1, 2016, March 1, 2017, and for the state board to adopt or reject curriculum standards that incorporate a service learning component into social studies courses on or before January July 1, 2017. The If the state board adopts these proposed curriculum standards, the bill would require these the curriculum standards to be implemented by school districts, commencing with the 2017–18 school year, as a component of social studies courses in order to satisfy the graduation requirements enacted by this bill. To the extent the implementation of these curriculum standards would impose new duties on school districts, this bill would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
<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 has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. (b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. (c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: (1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. (2) Pupils are less likely to drop out of school. (3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. (4) Pupils are likely to maintain higher attendance rates in school. (5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. (6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. (7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. (d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: (1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. (2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. (3) Schools that support service learning and community service are more likely to have positive relationships with their community. SEC. 2. Section 51221.1 is added to the Education Code, to read: 51221.1. (a) The Superintendent shall develop curriculum standards for social studies courses that incorporate a service learning component in order to satisfy the requirements of subparagraph (D) of paragraph (1) paragraph (3) of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. (b) (1) The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before July 1, 2016. March 1, 2017. The state board shall adopt or reject curriculum standards that incorporate a service learning component into social studies courses on or before January July 1, 2017. These If the state board adopts the proposed curriculum standards, the curriculum standards shall be implemented by school districts, commencing with the 2017–18 school year, as a component of social studies courses in order to satisfy the requirements of subparagraph (D) of paragraph (1) (3) of subdivision (a) of Section 51225.3. (2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. SEC. 3. Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: 51225.3. (a) A pupil shall complete coursework in accordance with all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: (A) Three courses in English. (B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the classes completed by a pupil to satisfy the requirements of this subparagraph shall have a service learning component. (E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. (F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. (2) Other coursework requirements adopted by the governing board of the school district. (3) (A) Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. (B) For purposes of this subdivision, “service learning” is defined as follows: (i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. (ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. (b) The governing board of the school district, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. (c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. (d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. 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 20020 of the Business and Professions Code is amended to read: 20020. Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time. SEC. 2. Section 20021 of the Business and Professions Code is amended to read: 20021. If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: (a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due; (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee’s control; (c) The franchisor and franchisee agree in writing to terminate the franchise; (d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system; (e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise; (f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice; (g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice; (h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy; (i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; (j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or (k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety. (l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. “Affiliate” shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code. SEC. 3. Section 20022 is added to the Business and Professions Code, to read: 20022. (a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section. (b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor’s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings. (c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor. (d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business. (e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section “relevant geographic market area” shall have the same meaning as in Section 20999. (f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise. (g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal. (h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor. SEC. 4. Section 20028 is added to the Business and Professions Code, to read: 20028. (a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor’s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement. (b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. SEC. 5. Section 20029 is added to the Business and Professions Code, to read: 20029. (a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following: (1) The proposed transferee’s name and address. (2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business. (3) The proposed transferee’s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee’s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor’s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days. (b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval. (2) In any action in which the franchisor’s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor’s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law. (3) This section does not require a franchisor to exercise a contractual right of first refusal. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. SEC. 6. The heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of the Business and Professions Code is amended to read: Article 6. Remedies SEC. 7. Section 20035 of the Business and Professions Code is repealed. SEC. 8. Section 20035 is added to the Business and Professions Code, to read: 20035. (a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter. (b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter. SEC. 9. Section 20036 of the Business and Professions Code is amended to read: 20036. The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement. SEC. 10. Section 20041 of the Business and Professions Code is amended to read: 20041. (a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause.
The California Franchise Relations Act sets forth certain requirements related to the termination, nonrenewal, and transfer of franchises between a franchisor, subfranchisor, and franchisee, as those terms are defined. That act, except as otherwise provided, prohibits a franchisor from terminating a franchise prior to the expiration of its term, except for good cause, which includes, but is not limited to, the failure of the franchisee to comply with any lawful requirement of the franchise agreement after being given notice and a reasonable opportunity to cure the failure within 30 days. This bill would instead limit good cause to the failure of the franchisee to substantially comply with the lawful requirements of the franchise agreement imposed on the franchisee after being given notice at least 60 days in advance and would require that the period for a reasonable opportunity to cure the failure be no less than 60 days from the date of the notice of noncompliance. The bill would prohibit the period for curing the failure from exceeding 75 days, except as specified. The bill also would allow immediate termination of a specified separate motor vehicle franchise under specified circumstances. This bill would make it unlawful for a franchise agreement to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, provided that the person is qualified under the franchisor’s then-existing and reasonable standards for approval of new or renewing franchisees, as specified, and the parties comply with specified transfer provisions. The bill would prohibit a sale, transfer, or assignment of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, without the franchisor’s written consent, but would prohibit that consent from being withheld unless the buyer, transferee, or assignor does not meet standards for new or renewing franchisees or the parties fail to meet specified transfer provisions. This bill would require the franchisee, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, to notify the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise or its assets or interest, as specified, and would require the notice to be in writing and include specified information. The bill would require the franchisor, within a specified period, to notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer of the franchise, and would require the notice to be in writing and be delivered by courier to the franchisee or sent by receipted mail. The bill would require the franchisor to communicate the franchisor’s standards for approval of new or renewing franchisees, as specified. The bill would deem a proposed sale, assignment, or transfer approved, unless disapproved by the franchisor, as specified. The act requires a franchisor that terminates or fails to renew a franchise, other than in accordance with specified provisions of law, to offer to repurchase from the franchisee the franchisee’s resalable current inventory, as specified. This bill would repeal those provisions and would, with certain exceptions, require the franchisor, upon a lawful termination or nonrenewal of a franchisee, to purchase from the franchisee at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the franchise agreement, as specified. The bill would not require a franchisor to purchase assets to which the franchisee cannot or does not provide clear title and possession. This bill would entitle a franchisee to receive from the franchisor the fair market value of the franchise business and assets, as well as resulting damages, if a franchisor terminates or fails to renew a franchise in violation of the act. The bill would provide for injunctive relief in the event of a violation or threatened violation of these provisions. The bill would limit its application to a franchise agreement entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated without cause.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 20020 of the Business and Professions Code is amended to read: 20020. Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time. SEC. 2. Section 20021 of the Business and Professions Code is amended to read: 20021. If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: (a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due; (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee’s control; (c) The franchisor and franchisee agree in writing to terminate the franchise; (d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system; (e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise; (f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice; (g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice; (h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy; (i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; (j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or (k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety. (l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. “Affiliate” shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code. SEC. 3. Section 20022 is added to the Business and Professions Code, to read: 20022. (a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section. (b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor’s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings. (c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor. (d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business. (e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section “relevant geographic market area” shall have the same meaning as in Section 20999. (f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise. (g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal. (h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor. SEC. 4. Section 20028 is added to the Business and Professions Code, to read: 20028. (a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor’s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement. (b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. SEC. 5. Section 20029 is added to the Business and Professions Code, to read: 20029. (a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following: (1) The proposed transferee’s name and address. (2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business. (3) The proposed transferee’s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee’s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor’s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days. (b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval. (2) In any action in which the franchisor’s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor’s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law. (3) This section does not require a franchisor to exercise a contractual right of first refusal. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. SEC. 6. The heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of the Business and Professions Code is amended to read: Article 6. Remedies SEC. 7. Section 20035 of the Business and Professions Code is repealed. SEC. 8. Section 20035 is added to the Business and Professions Code, to read: 20035. (a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter. (b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter. SEC. 9. Section 20036 of the Business and Professions Code is amended to read: 20036. The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement. SEC. 10. Section 20041 of the Business and Professions Code is amended to read: 20041. (a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. ### 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 48800 of the Education Code is amended to read: 48800. (a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. (b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. (d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria: (A) Demonstrates adequate preparation in the discipline to be studied. (B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. (2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. (3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4). (A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University. (B) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. (C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements: (i) The pupil is in his or her senior year of high school. (ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school. (4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002. (5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges. (6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. (e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2020. 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 ensure rigorous scholastic and vocational work opportunities are available to pupils at the earliest possible time and that ongoing programs are not interrupted, it is necessary that this act take effect immediately.
Existing law authorizes the governing board of a school district to authorize a pupil who meets specified criteria to attend community college. Existing law limits the number of pupils a principal is authorized to recommend for community college summer session pursuant to those provisions to 5% of the total number of pupils in any grade level, as specified. This bill, until January 1, 2020, would exempt from the 5% limitation pupils who meet specified requirements and who enroll in certain community college courses. The bill would require the Chancellor of the California Community Colleges to annually report to the Department of Finance the number of pupils who enrolled and received a passing grade in a community college summer session course. 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 48800 of the Education Code is amended to read: 48800. (a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. (b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. (d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria: (A) Demonstrates adequate preparation in the discipline to be studied. (B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. (2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. (3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4). (A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University. (B) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. (C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements: (i) The pupil is in his or her senior year of high school. (ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school. (4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002. (5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges. (6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. (e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2020. 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 ensure rigorous scholastic and vocational work opportunities are available to pupils at the earliest possible time and that ongoing programs are not interrupted, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares both of the following: (a) The earthquake that struck Napa on August 24, 2014, was a catastrophic event that resulted in economic hardship in the County of Napa. (b) It is in the best interests of the citizens of the County of Napa that the exception, established by this law, to the tied-house provisions of the Alcoholic Beverage Control Act be provided for the benefit of the County of Napa. SEC. 2. Section 25503.40 is added to the Business and Professions Code, to read: 25503.40. (a) Notwithstanding any other law, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, unless the holder of the importer’s license holds one of the other authorized licenses specified in this section, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions: (1) (A) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, that may also own interests, directly or indirectly, in retail licenses or winegrower licenses. (B) The venue of the event is located within the County of Napa, expected attendance of the event is at least 5,000 people per day, and no more than three of these events are held in the County of Napa each year. The live entertainment company promoting the event shall affirmatively represent and warrant in writing to any retail licensee operating as the retail licensee for such an event that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. Any retail licensee operating as the retail licensee for an event in the County of Napa for an event with expected attendance of more than 5,000 people per day shall provide the written representation and warranty of the live entertainment company to the department and affirmatively state when obtaining the authorization for the event from the department that the event is being held pursuant to the conditions of this section and that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. (2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, and lawfully permitted to be used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events. (3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned directly or indirectly by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned directly or indirectly by the live entertainment company. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company. (c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license. (f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale retail licensee. (g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (h) The Legislature finds and declares both of the following: (1) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. (2) Any exception established by the Legislature to the general prohibition against tied interests shall be limited to the express terms of the exception so as not to undermine the general prohibition. (i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed unless a later enacted statute, that is chaptered before January 1, 2019, 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 conditions located in the County of Napa. 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 generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. This bill would expressly authorize, until January 1, 2019, a beer manufacturer, as described, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, as specified, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, under specified conditions. The bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares both of the following: (a) The earthquake that struck Napa on August 24, 2014, was a catastrophic event that resulted in economic hardship in the County of Napa. (b) It is in the best interests of the citizens of the County of Napa that the exception, established by this law, to the tied-house provisions of the Alcoholic Beverage Control Act be provided for the benefit of the County of Napa. SEC. 2. Section 25503.40 is added to the Business and Professions Code, to read: 25503.40. (a) Notwithstanding any other law, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, unless the holder of the importer’s license holds one of the other authorized licenses specified in this section, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions: (1) (A) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, that may also own interests, directly or indirectly, in retail licenses or winegrower licenses. (B) The venue of the event is located within the County of Napa, expected attendance of the event is at least 5,000 people per day, and no more than three of these events are held in the County of Napa each year. The live entertainment company promoting the event shall affirmatively represent and warrant in writing to any retail licensee operating as the retail licensee for such an event that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. Any retail licensee operating as the retail licensee for an event in the County of Napa for an event with expected attendance of more than 5,000 people per day shall provide the written representation and warranty of the live entertainment company to the department and affirmatively state when obtaining the authorization for the event from the department that the event is being held pursuant to the conditions of this section and that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. (2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, and lawfully permitted to be used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events. (3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned directly or indirectly by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned directly or indirectly by the live entertainment company. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company. (c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license. (f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale retail licensee. (g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (h) The Legislature finds and declares both of the following: (1) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. (2) Any exception established by the Legislature to the general prohibition against tied interests shall be limited to the express terms of the exception so as not to undermine the general prohibition. (i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed unless a later enacted statute, that is chaptered before January 1, 2019, 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 conditions located in the County of Napa. 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 Business and Professions Code to allow a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder
The people of the State of California do enact as follows: SECTION 1. Section 30000 of the Penal Code is amended to read: 30000. (a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to cross-reference identify persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (b) The Except as provided in subdivision (c), the information contained in the Prohibited Armed Persons File shall only be available only to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. (c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code. SEC. 2. Section 4750 of the Vehicle Code is amended to read: 4750. The department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds: (a) The application contains any false or fraudulent statement. (b) The required fee has not been paid. (c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. (d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section. (e) Evidence of financial responsibility, that which is required for a vehicle registration renewal where when there is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following: (1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway. (2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code. (3) A vehicle registration renewal application where when there is a change of registered owner. (f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. (2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. SEC. 3. Section 12805 of the Vehicle Code is amended to read: 12805. The department shall not issue a driver’s license to, or renew a the driver’s license of, any person: (a) Who is not of legal age to receive a driver’s license. (b) Whose best corrected visual acuity is 20/200 or worse in that person’s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards. (c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways. (d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway. (e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator’s or chauffeur’s license issued by this state and valid on September 11, 1957. (f) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. (g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has terminated, except that the terminated. The department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs first, except that the first. The department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. (2) The department shall, before issuing or renewing a driver’s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.
Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law restricts the access of that database to specified entities, including, among others, the courts, and specified law enforcement and prosecutorial entities. This bill would require the Department of Justice to allow the Department of Motor Vehicles to access the database in connection with the registration of vehicles and the issuance and renewal of driver’s licenses. Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse registration, or renewal or transfer of registration, of a vehicle, including, among others, when the application contains a false or fraudulent statement, or the required fee has not been paid. This bill would additionally require the department to refuse registration, or renewal or transfer of registration, of a vehicle, when the department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before registering a vehicle, or renewing or transferring the registration of a vehicle, to access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse to issue or renew a driver’s license, including, among others, when the person seeking the license is not of legal age to receive a driver’s license. This bill would additionally require the department to refuse to issue or renew the driver’s license of a person who the department determines is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before issuing or renewing a driver’s license, to access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 30000 of the Penal Code is amended to read: 30000. (a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to cross-reference identify persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (b) The Except as provided in subdivision (c), the information contained in the Prohibited Armed Persons File shall only be available only to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. (c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code. SEC. 2. Section 4750 of the Vehicle Code is amended to read: 4750. The department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds: (a) The application contains any false or fraudulent statement. (b) The required fee has not been paid. (c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. (d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section. (e) Evidence of financial responsibility, that which is required for a vehicle registration renewal where when there is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following: (1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway. (2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code. (3) A vehicle registration renewal application where when there is a change of registered owner. (f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. (2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. SEC. 3. Section 12805 of the Vehicle Code is amended to read: 12805. The department shall not issue a driver’s license to, or renew a the driver’s license of, any person: (a) Who is not of legal age to receive a driver’s license. (b) Whose best corrected visual acuity is 20/200 or worse in that person’s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards. (c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways. (d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway. (e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator’s or chauffeur’s license issued by this state and valid on September 11, 1957. (f) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. (g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has terminated, except that the terminated. The department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs first, except that the first. The department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. (2) The department shall, before issuing or renewing a driver’s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person. ### 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 Los Angeles River has a complex ecological and political history. The river originally ran freely along an alluvial flood plain, which today is the City of Los Angeles. In the 1930s, destructive flooding led the United States Army Corps of Engineers to design and build facilities to minimize the impacts of future floods, a process that included lining most of the river with concrete. Since then, the city, county, and federal government have all played a role in restoring the Los Angeles River, including the county’s 1996 adoption of a master plan for developing and restoring the entire Los Angeles River. The City of Los Angeles developed a “revitalization plan” to restore the Upper Los Angeles River, which lies within the city’s boundaries. Most recently, the Corps of Engineers approved “Alternative 20,” a substantial restoration and infrastructure project along the Upper Los Angeles River. (b) The City of Los Angeles was given responsibility for managing the river’s resources through a charter by the King of Spain at the end of the 18th century. After serious floods in the 1930s, the federal government, through the United States Army Corps of Engineers, stepped in to take responsibility for building and managing infrastructure projects to reduce the risk and damage from flooding, with the county as the local partner. The county also works with the city in managing the Upper Los Angeles River, where court decisions have held that the King of Spain’s charter gives the city “pueblo” water rights with authority to manage the Upper Los Angeles River’s resources. The courts have not given the city authority over the Lower Los Angeles River. (c) The State of California retains its sovereign authority to manage the rivers within its boundaries, including the Los Angeles River. Historically, however, it has not exercised that authority, due to the dominance of the United States Army Corps of Engineers in partnership with the county. The county’s master plan addresses the entire river but is close to two decades old, and would benefit from renewed attention to resources and development, especially on the lower river. The Lower Los Angeles River passes through many cities, but not one of these cities has the responsibility and the resources to invest in restoration of that part of the Los Angeles River. There is therefore opportunity and need for the state to aid in the development and implementation of the county’s Master Plan, especially for the Lower Los Angeles River. (d) In 2014, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which included $60 million for the Los Angeles River, authorizing funding for both the Santa Monica Mountains Conservancy, which has responsibility for the Upper Los Angeles River, and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has responsibility for the Lower Los Angeles River. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 allocated $30 million to each conservancy for the purpose of multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds. SEC. 2. Chapter 6 (commencing with Section 32622) is added to Division 22.8 of the Public Resources Code, to read: CHAPTER 6. Lower Los Angeles River Working Group 32622. (a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region. (b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities. (c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan. (d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding. 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 Lower Los Angeles River’s complex ecological and political history and the unique obstacles the local governments of the Lower Los Angeles River encounter when managing the river and its surrounding areas.
Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the public’s enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. This bill would require the Secretary of the Natural Resources Agency to appoint, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The bill would require the secretary to consider requests from local agency representatives to participate in the working group and would authorize the working group to include specified representatives. The bill would require, by March 1, 2017, the working group to develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River, that is consistent with, enhances, and is authorized to be incorporated into the County of Los Angeles’s Master Plan, and that includes watershed education programs. The bill would require the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the working group. This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River.
<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 Los Angeles River has a complex ecological and political history. The river originally ran freely along an alluvial flood plain, which today is the City of Los Angeles. In the 1930s, destructive flooding led the United States Army Corps of Engineers to design and build facilities to minimize the impacts of future floods, a process that included lining most of the river with concrete. Since then, the city, county, and federal government have all played a role in restoring the Los Angeles River, including the county’s 1996 adoption of a master plan for developing and restoring the entire Los Angeles River. The City of Los Angeles developed a “revitalization plan” to restore the Upper Los Angeles River, which lies within the city’s boundaries. Most recently, the Corps of Engineers approved “Alternative 20,” a substantial restoration and infrastructure project along the Upper Los Angeles River. (b) The City of Los Angeles was given responsibility for managing the river’s resources through a charter by the King of Spain at the end of the 18th century. After serious floods in the 1930s, the federal government, through the United States Army Corps of Engineers, stepped in to take responsibility for building and managing infrastructure projects to reduce the risk and damage from flooding, with the county as the local partner. The county also works with the city in managing the Upper Los Angeles River, where court decisions have held that the King of Spain’s charter gives the city “pueblo” water rights with authority to manage the Upper Los Angeles River’s resources. The courts have not given the city authority over the Lower Los Angeles River. (c) The State of California retains its sovereign authority to manage the rivers within its boundaries, including the Los Angeles River. Historically, however, it has not exercised that authority, due to the dominance of the United States Army Corps of Engineers in partnership with the county. The county’s master plan addresses the entire river but is close to two decades old, and would benefit from renewed attention to resources and development, especially on the lower river. The Lower Los Angeles River passes through many cities, but not one of these cities has the responsibility and the resources to invest in restoration of that part of the Los Angeles River. There is therefore opportunity and need for the state to aid in the development and implementation of the county’s Master Plan, especially for the Lower Los Angeles River. (d) In 2014, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which included $60 million for the Los Angeles River, authorizing funding for both the Santa Monica Mountains Conservancy, which has responsibility for the Upper Los Angeles River, and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has responsibility for the Lower Los Angeles River. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 allocated $30 million to each conservancy for the purpose of multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds. SEC. 2. Chapter 6 (commencing with Section 32622) is added to Division 22.8 of the Public Resources Code, to read: CHAPTER 6. Lower Los Angeles River Working Group 32622. (a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region. (b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities. (c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan. (d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding. 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 Lower Los Angeles River’s complex ecological and political history and the unique obstacles the local governments of the Lower Los Angeles River encounter when managing the river and its surrounding areas. ### Summary: The Legislature finds and declares all of the following: (a) The Los Angeles River has a complex ecological and political history. The river originally ran freely along
The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the Big Valley Watermaster District Act. It is intended to supplement the Water Code as follows: Big Valley Watermaster District Act Article 1. Creation 101. This act shall be known, and may be cited, as the Big Valley Watermaster District Act. 102. (a) A watermaster district is hereby created in Modoc County and Lassen County to be known as the Big Valley Watermaster District. (b) The district shall be governed by a board of directors as specified in Section 401, shall have boundaries as prescribed in Section 201, and shall exercise the powers granted by this act for purposes of acting as watermaster over those decreed water rights whose places of use are within the Big Valley and for which the Superior Court for the County of Modoc has appointed the district as the watermaster, together with other powers and duties that are granted by this act or reasonably implied and necessary and proper to carry out the purposes of the district, including, but not limited to, any power authorized by the court which appoints the district as watermaster. (c) The Legislature hereby finds and declares that the cost-effective and responsible enforcement of existing decreed water rights within the Big Valley is in the public interest, and that the creation of a watermaster district that can serve in that capacity after proper appointment by the Superior Court for Modoc County is for the common benefit of the holders of those decreed water rights within the Big Valley and for the protection of agricultural and economic productivity. Article 2. Boundaries 201. For the purposes of this act, all of the following townships that lie within the county comprise the territory that is included in the Big Valley Watermaster District: ____ Article 3. Definitions 301. Unless otherwise indicated by their context, the definitions set forth in this article govern the construction of this act. 302. “Appointed decree” means a decree for which the district is appointed the watermaster by the court. 303. “Appointed parcel” means a parcel of real property within the district that is a place of use for water rights under an appointed decree. 304. “Big Valley” means that portion of the district generally drained by the Pit River. 305. “Big Valley Service Area” means the territory included in the Big Valley Water District as specified in Section 201. 306. “Board of directors” or “board” means the board of directors of the district. 307. “Contracted parcel” means an eligible parcel whose owner has entered into a contract with the district to provide watermaster service for that parcel. 308. “County” means the County of Lassen, the County of Modoc, or both. 309. “Court” means the Superior Court for the County of Modoc. 310. “Decree” means any water right decree, entered by the court, which adjudicates water rights within the county in which the decreed points of diversion are within the Big Valley in the county. 311. “Department” means the Department of Water Resources. 312. “District” means the Big Valley Watermaster District. 313. “Eligible parcel” means a parcel of real property within the district that is a place of use for water rights under a decree that is not an appointed decree, and for which the department is not the watermaster. 314. “Fund” means the fund designated by the court, or by the district in the absence of a designation by the court, into which charges levied by the district shall be paid by the county upon collection. 315. “Owner” means a person who is an owner of a parcel of real property within the district that is a place of use for water rights under the decree. 316. “Person” means any state or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any native tribe or federal agency. 317. “Voter” means a holder of water rights whose place of use under a decree is an appointed or contracted parcel. Article 4. General Provisions 401. (a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act. (b) Except as specified in subdivision (d), the board of directors of the district shall consist of five members elected at large from the Big Valley Service Area. Each director shall be a voter and an owner. The directors shall be elected at large from the Big Valley Service Area. (c) A quorum of the board of directors shall be three members. A majority of affirmative votes of the full membership of the board shall be required to take an action. (d) (1) (A) The initial five directors of the district shall be the directors of the Big Valley Water Users Association as of December 31, 2015. Each initial director’s term shall be as specified in subparagraph (B). (B) For the initial board of directors, in the same sequence as the terms of the directors of the Big Valley Water Users Association, one director’s term shall end March 31, 2016, two directors terms shall end March 31, 2017, and two directors terms shall end March 31, 2018. (2) After the initial board of directors, each director shall have a term of three years. A person shall be an owner to be elected to the board. (e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district. (f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code. 402. (a) For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district, except that each voter shall have one vote. (b) In a manner that is consistent with Section 10525 of the Elections Code, for water rights that have multiple holders, the holders shall designate in writing to the district, in accordance with a timetable established by the district, a voter from among their number for voting purposes. 403. (a) The board of directors shall do all of the following: (1) Act only by ordinance, resolution, or motion. (2) Keep a record of all of its actions, including financial transactions. (3) Adopt rules or bylaws for its proceedings. (4) Adopt policies for the operation of the district. (b) The board of directors may do all of the following: (1) Provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement of these expenses is subject to Section 53232.3 of the Government Code. A member of the board of directors may waive any or all of the payments permitted by this paragraph. (2) Require any employee, officer, or member of the board of directors to be bonded. The district shall pay the cost of the bonds. (c) Prior to taking office, each director shall take the official oath and execute any bond that may be set by the board. 404. At the first meeting of the board of directors, and at the first annual meeting each year thereafter, the board of directors shall elect a chairperson and vice chairperson from among its members. The board of directors shall appoint a secretary of the district. The secretary of the district may be a member of the board of directors or a district employee. 405. Meetings of the board shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). 406. The district shall have the following powers: (a) Adopt ordinances in accordance with Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. (b) Adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the district’s facilities and property. (c) Sue and be sued in its own name. (d) Acquire any real or personal property within the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. The district shall not have the power of eminent domain. (e) Appoint employees, define their qualifications and duties, and provide a schedule of compensation for performance of their duties. (f) Engage counsel and other professional services. (g) Enter into and perform all contracts. The district shall follow the procedures that apply to the county, including, but not limited to, the requirements of Article 3.6 (commencing with Section 20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (h) Adopt a seal and alter it. (i) Take any and all actions necessary for, or incidental to, the powers expressed or implied by this act. 407. (a) The board of directors shall provide for the preparation of regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. (b) The board of directors shall provide for the preparation of annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. 408. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. 409. The district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). 410. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Article 5. Powers and Duties 501. The district shall serve as the watermaster for any appointed decree, including, but not limited to, taking specific actions ordered by the court in the administration of that decree or decrees. 502. (a) In carrying out its duties as watermaster, the district shall assume all powers and duties of the department set forth in Part 4 (commencing with Section 4000) of Division 2 of the Water Code, except as modified by the court, and as follows: (1) References to the department in that part shall be deemed to be references to the district. (2) References to the Water Resources Revolving Fund in that part shall be deemed to be references to the fund. (b) Charges levied by the district shall comply with Article XIII D of the California Constitution. 503. The district may enter into an agreement to provide watermaster service to the holders of water rights whose place of use is an eligible parcel if all the holders have executed the agreement. An agreement to provide watermaster services to an eligible parcel shall include a provision that the water right holders agree to pay in full for the service prior to the provision of service. The amount to be paid shall be determined to ensure that the provision of the watermaster service to contracted parcels does not increase the cost of the watermaster service to appointed parcels. 504. Amounts owed to the county for services provided to the district by the county shall be included in the district’s budget for each watermaster service area. The watermaster service areas for which these amounts have been incurred shall be identified and accounted for in the budget. 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 and special water problems in the area of the Big Valley Water District that make this special law necessary for the conservation, development, control, and use of that water for the public good. SEC. 3. 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.
Existing law provides for the establishment of watermaster service areas by the Department of Water Resources for the purposes of ensuring the most practical and economic supervision of the distribution of water. Existing law specifies that upon the submission of a specified petition to a court in which a relevant judicial decree has been entered, the court may appoint a public agency as a watermaster to replace the watermaster appointed by the department. This bill would create a watermaster district with unspecified boundaries within the Counties of Lassen and Modoc to be known as the Big Valley Watermaster District. The bill would generally specify the powers and purposes of the district. The bill would prescribe the composition of the board of directors of the district. The bill would require the district to provide watermaster service on behalf of water right holders whose place of use under an appointed decree, as defined, is a parcel of real property within the district. The bill would authorize the district to enter into an agreement to provide watermaster service to water right holders whose place of use is an eligible parcel, as defined. The bill would require the board of directors of the district to provide for the preparation of regular audits of the district’s accounts and records and specified annual financial reports. By imposing duties on the district and the Counties of Lassen and Modoc in connection with the operation of the district, 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. This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Valley Water District.
<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 Big Valley Watermaster District Act. It is intended to supplement the Water Code as follows: Big Valley Watermaster District Act Article 1. Creation 101. This act shall be known, and may be cited, as the Big Valley Watermaster District Act. 102. (a) A watermaster district is hereby created in Modoc County and Lassen County to be known as the Big Valley Watermaster District. (b) The district shall be governed by a board of directors as specified in Section 401, shall have boundaries as prescribed in Section 201, and shall exercise the powers granted by this act for purposes of acting as watermaster over those decreed water rights whose places of use are within the Big Valley and for which the Superior Court for the County of Modoc has appointed the district as the watermaster, together with other powers and duties that are granted by this act or reasonably implied and necessary and proper to carry out the purposes of the district, including, but not limited to, any power authorized by the court which appoints the district as watermaster. (c) The Legislature hereby finds and declares that the cost-effective and responsible enforcement of existing decreed water rights within the Big Valley is in the public interest, and that the creation of a watermaster district that can serve in that capacity after proper appointment by the Superior Court for Modoc County is for the common benefit of the holders of those decreed water rights within the Big Valley and for the protection of agricultural and economic productivity. Article 2. Boundaries 201. For the purposes of this act, all of the following townships that lie within the county comprise the territory that is included in the Big Valley Watermaster District: ____ Article 3. Definitions 301. Unless otherwise indicated by their context, the definitions set forth in this article govern the construction of this act. 302. “Appointed decree” means a decree for which the district is appointed the watermaster by the court. 303. “Appointed parcel” means a parcel of real property within the district that is a place of use for water rights under an appointed decree. 304. “Big Valley” means that portion of the district generally drained by the Pit River. 305. “Big Valley Service Area” means the territory included in the Big Valley Water District as specified in Section 201. 306. “Board of directors” or “board” means the board of directors of the district. 307. “Contracted parcel” means an eligible parcel whose owner has entered into a contract with the district to provide watermaster service for that parcel. 308. “County” means the County of Lassen, the County of Modoc, or both. 309. “Court” means the Superior Court for the County of Modoc. 310. “Decree” means any water right decree, entered by the court, which adjudicates water rights within the county in which the decreed points of diversion are within the Big Valley in the county. 311. “Department” means the Department of Water Resources. 312. “District” means the Big Valley Watermaster District. 313. “Eligible parcel” means a parcel of real property within the district that is a place of use for water rights under a decree that is not an appointed decree, and for which the department is not the watermaster. 314. “Fund” means the fund designated by the court, or by the district in the absence of a designation by the court, into which charges levied by the district shall be paid by the county upon collection. 315. “Owner” means a person who is an owner of a parcel of real property within the district that is a place of use for water rights under the decree. 316. “Person” means any state or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any native tribe or federal agency. 317. “Voter” means a holder of water rights whose place of use under a decree is an appointed or contracted parcel. Article 4. General Provisions 401. (a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act. (b) Except as specified in subdivision (d), the board of directors of the district shall consist of five members elected at large from the Big Valley Service Area. Each director shall be a voter and an owner. The directors shall be elected at large from the Big Valley Service Area. (c) A quorum of the board of directors shall be three members. A majority of affirmative votes of the full membership of the board shall be required to take an action. (d) (1) (A) The initial five directors of the district shall be the directors of the Big Valley Water Users Association as of December 31, 2015. Each initial director’s term shall be as specified in subparagraph (B). (B) For the initial board of directors, in the same sequence as the terms of the directors of the Big Valley Water Users Association, one director’s term shall end March 31, 2016, two directors terms shall end March 31, 2017, and two directors terms shall end March 31, 2018. (2) After the initial board of directors, each director shall have a term of three years. A person shall be an owner to be elected to the board. (e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district. (f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code. 402. (a) For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district, except that each voter shall have one vote. (b) In a manner that is consistent with Section 10525 of the Elections Code, for water rights that have multiple holders, the holders shall designate in writing to the district, in accordance with a timetable established by the district, a voter from among their number for voting purposes. 403. (a) The board of directors shall do all of the following: (1) Act only by ordinance, resolution, or motion. (2) Keep a record of all of its actions, including financial transactions. (3) Adopt rules or bylaws for its proceedings. (4) Adopt policies for the operation of the district. (b) The board of directors may do all of the following: (1) Provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement of these expenses is subject to Section 53232.3 of the Government Code. A member of the board of directors may waive any or all of the payments permitted by this paragraph. (2) Require any employee, officer, or member of the board of directors to be bonded. The district shall pay the cost of the bonds. (c) Prior to taking office, each director shall take the official oath and execute any bond that may be set by the board. 404. At the first meeting of the board of directors, and at the first annual meeting each year thereafter, the board of directors shall elect a chairperson and vice chairperson from among its members. The board of directors shall appoint a secretary of the district. The secretary of the district may be a member of the board of directors or a district employee. 405. Meetings of the board shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). 406. The district shall have the following powers: (a) Adopt ordinances in accordance with Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. (b) Adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the district’s facilities and property. (c) Sue and be sued in its own name. (d) Acquire any real or personal property within the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. The district shall not have the power of eminent domain. (e) Appoint employees, define their qualifications and duties, and provide a schedule of compensation for performance of their duties. (f) Engage counsel and other professional services. (g) Enter into and perform all contracts. The district shall follow the procedures that apply to the county, including, but not limited to, the requirements of Article 3.6 (commencing with Section 20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (h) Adopt a seal and alter it. (i) Take any and all actions necessary for, or incidental to, the powers expressed or implied by this act. 407. (a) The board of directors shall provide for the preparation of regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. (b) The board of directors shall provide for the preparation of annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. 408. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. 409. The district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). 410. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Article 5. Powers and Duties 501. The district shall serve as the watermaster for any appointed decree, including, but not limited to, taking specific actions ordered by the court in the administration of that decree or decrees. 502. (a) In carrying out its duties as watermaster, the district shall assume all powers and duties of the department set forth in Part 4 (commencing with Section 4000) of Division 2 of the Water Code, except as modified by the court, and as follows: (1) References to the department in that part shall be deemed to be references to the district. (2) References to the Water Resources Revolving Fund in that part shall be deemed to be references to the fund. (b) Charges levied by the district shall comply with Article XIII D of the California Constitution. 503. The district may enter into an agreement to provide watermaster service to the holders of water rights whose place of use is an eligible parcel if all the holders have executed the agreement. An agreement to provide watermaster services to an eligible parcel shall include a provision that the water right holders agree to pay in full for the service prior to the provision of service. The amount to be paid shall be determined to ensure that the provision of the watermaster service to contracted parcels does not increase the cost of the watermaster service to appointed parcels. 504. Amounts owed to the county for services provided to the district by the county shall be included in the district’s budget for each watermaster service area. The watermaster service areas for which these amounts have been incurred shall be identified and accounted for in the budget. 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 and special water problems in the area of the Big Valley Water District that make this special law necessary for the conservation, development, control, and use of that water for the public good. SEC. 3. 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: This bill creates the Big Valley Watermaster District in Modoc and Lassen counties. The district is governed by a board of directors and has the power to act as
The people of the State of California do enact as follows: SECTION 1. Section 4000.5 of the Elections Code is amended to read: 4000.5. (a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following: (1) A special election to fill a vacancy in a congressional or legislative office. (2) A special election to fill a vacancy in the legislative body or governing body. (3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9. (b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply: (1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County. (B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. (2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail. (3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election. (B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected. (C) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. (4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday. (5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election. (B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity. (C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240. (D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language. (E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language. (6) (A) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. (B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, all of the following: (i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following: (I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail. (II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day. (III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201. (ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official. (iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English. (7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following: (i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities. (v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. (vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. (viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities. (B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official. (c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000). (d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section. (e) The return of voted mail ballots is subject to Sections 3017 and 3020. (f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope and updating voter history records. (2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election. (g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election. (h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374. (i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years. (j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following: (A) Any statistics on the cost to conduct the election. (B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference. (C) The number of ballots that were not counted and the reasons they were rejected. (D) Voter fraud. (E) Any other problems that become known to the eligible entity during the election or canvass. (2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions. (3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision: (A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code. (B) Submit the report to the Secretary of State. (C) Post the report on the Internet Web site of the elections official. (k) For purposes of this section, “eligible entity” means both of the following: (1) San Diego County. (2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County. (l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. 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 voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections.
Existing law authorizes, until January 1, 2020, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. If such an election is conducted, existing law requires San Diego County to report certain information to the Legislature and the Secretary of State regarding the success of the election. This bill, until January 1, 2021, would authorize San Diego County, or any city, school district, community college district, special district, or other district or political subdivision whose boundaries are located wholly within San Diego County, to conduct an all-mailed ballot special election or special consolidated election to fill a vacancy on the legislative or governing body of those entities. The bill would authorize those entities to also hold an all-mailed ballot special election for county initiatives, city initiatives, district initiatives, bond issues, and school measures conducted pursuant to specified provisions. The bill would extend the pilot program for San Diego County, as described above, until January 1, 2021. The bill would also require certain voter education workshops to be conducted in-person. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4000.5 of the Elections Code is amended to read: 4000.5. (a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following: (1) A special election to fill a vacancy in a congressional or legislative office. (2) A special election to fill a vacancy in the legislative body or governing body. (3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9. (b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply: (1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County. (B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. (2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail. (3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election. (B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected. (C) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. (4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday. (5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election. (B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity. (C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240. (D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language. (E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language. (6) (A) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. (B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, all of the following: (i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following: (I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail. (II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day. (III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201. (ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official. (iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English. (7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following: (i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities. (v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. (vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. (viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities. (B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official. (c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000). (d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section. (e) The return of voted mail ballots is subject to Sections 3017 and 3020. (f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope and updating voter history records. (2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election. (g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election. (h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374. (i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years. (j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following: (A) Any statistics on the cost to conduct the election. (B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference. (C) The number of ballots that were not counted and the reasons they were rejected. (D) Voter fraud. (E) Any other problems that become known to the eligible entity during the election or canvass. (2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions. (3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision: (A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code. (B) Submit the report to the Secretary of State. (C) Post the report on the Internet Web site of the elections official. (k) For purposes of this section, “eligible entity” means both of the following: (1) San Diego County. (2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County. (l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. 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 voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections. ### Summary: This bill amends the Elections Code to allow for all-mailed ballot special elections or special consolidated elections in San Diego County. ### With: - Assemblymember
The people of the State of California do enact as follows: SECTION 1. Section 1942.5 of the Civil Code is amended to read: 1942.5. (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. (b) A lessee may not invoke subdivision (a) more than once in any 12-month period. (c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. (d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. (f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. (h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. SEC. 1.5. Section 1942.5 of the Civil Code is amended to read: 1942.5. (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. (b) A lessee may not invoke subdivision (a) more than once in any 12-month period. (c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. (d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. (f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. (h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. SEC. 2. Section 1954.1 of the Civil Code is amended and renumbered to read: 1954.05. In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein. SEC. 3. Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2.8 Bed Bug Infestations 1954.600. The Legislature finds and declares: (a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled. (b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control. (c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem. (d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation. (e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home. (f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license. 1954.601. For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board. 1954.602 (a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. (b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. 1954.603. On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following: (a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form: Information about Bed Bugs Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding. Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. Common signs and symptoms of a possible bed bug infestation: • Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. (b) The procedure to report suspected infestations to the landlord. 1954.604. Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. 1954.605. The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed. This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operator’s findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified. This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1942.5 of the Civil Code is amended to read: 1942.5. (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. (b) A lessee may not invoke subdivision (a) more than once in any 12-month period. (c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. (d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. (f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. (h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. SEC. 1.5. Section 1942.5 of the Civil Code is amended to read: 1942.5. (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. (b) A lessee may not invoke subdivision (a) more than once in any 12-month period. (c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. (d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. (f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. (h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. SEC. 2. Section 1954.1 of the Civil Code is amended and renumbered to read: 1954.05. In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein. SEC. 3. Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2.8 Bed Bug Infestations 1954.600. The Legislature finds and declares: (a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled. (b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control. (c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem. (d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation. (e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home. (f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license. 1954.601. For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board. 1954.602 (a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. (b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. 1954.603. On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following: (a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form: Information about Bed Bugs Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding. Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. Common signs and symptoms of a possible bed bug infestation: • Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. (b) The procedure to report suspected infestations to the landlord. 1954.604. Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. 1954.605. The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative. ### Summary: This bill amends the Civil Code to provide that a landlord may not retaliate against a tenant for exercising rights under the law or for reporting a suspected bed bug infestation
The people of the State of California do enact as follows: SECTION 1. The heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read: CHAPTER 4.5. Voluntary Expedited Jury Trials SEC. 2. Section 630.03 of the Code of Civil Procedure is amended to read: 630.03. (a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial. (b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs: (1) All parties stipulate to end the agreement to participate. (2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter. (c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. (d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following: (1) A self-represented litigant. (2) A minor, an incompetent person, or a person for whom a conservator has been appointed. (e) The proposed consent order submitted to the court shall include all of the following: (1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order. (2) The parties’ agreement to all of the following: (A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09. (B) That each side shall have up to five hours in which to complete voir dire and to present its case. (C) That the jury shall be composed of eight or fewer jurors with no alternates. (D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04. (E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court. (f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety. SEC. 3. Section 630.11 of the Code of Civil Procedure is amended to read: 630.11. The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following: (a) Additional content of proposed consent orders. (b) Pretrial exchanges and submissions. (c) Pretrial conferences. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. SEC. 4. Section 630.12 of the Code of Civil Procedure is repealed. SEC. 5. Chapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases 630.20. (a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter. (b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met: (1) Punitive damages are sought. (2) Damages in excess of insurance policy limits are sought. (3) A party’s insurer is providing a legal defense subject to a reservation of rights. (4) The case involves a claim reportable to a governmental entity. (5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing. (6) The case involves claims of intentional conduct. (7) The case has been reclassified as unlimited pursuant to Section 403.020. (8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code. (9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time. (c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer. (d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried. 630.21. For purposes of this chapter: (a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter. (b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. 630.22. (a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders. (b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. 630.23. The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: (a) Each side shall have up to five hours in which to complete voir dire and to present its case. (b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors. (c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. (d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval. 630.24. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. 630.25. (a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. (c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. 630.26. (a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. (b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. 630.27. All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise. 630.28. The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following: (a) Pretrial exchanges and submissions. (b) Pretrial conferences. (c) Opt-out procedures pursuant to subdivision (b) of Section 630.20. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. 630.29. Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016. 630.30. This chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date.
Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree that each side has up to 3 hours to present its case and agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016. This bill would modify procedures to provide that each party would have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. The bill would establish procedures for conducting mandatory expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with one alternate, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written high/low agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016. The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read: CHAPTER 4.5. Voluntary Expedited Jury Trials SEC. 2. Section 630.03 of the Code of Civil Procedure is amended to read: 630.03. (a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial. (b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs: (1) All parties stipulate to end the agreement to participate. (2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter. (c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. (d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following: (1) A self-represented litigant. (2) A minor, an incompetent person, or a person for whom a conservator has been appointed. (e) The proposed consent order submitted to the court shall include all of the following: (1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order. (2) The parties’ agreement to all of the following: (A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09. (B) That each side shall have up to five hours in which to complete voir dire and to present its case. (C) That the jury shall be composed of eight or fewer jurors with no alternates. (D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04. (E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court. (f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety. SEC. 3. Section 630.11 of the Code of Civil Procedure is amended to read: 630.11. The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following: (a) Additional content of proposed consent orders. (b) Pretrial exchanges and submissions. (c) Pretrial conferences. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. SEC. 4. Section 630.12 of the Code of Civil Procedure is repealed. SEC. 5. Chapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases 630.20. (a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter. (b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met: (1) Punitive damages are sought. (2) Damages in excess of insurance policy limits are sought. (3) A party’s insurer is providing a legal defense subject to a reservation of rights. (4) The case involves a claim reportable to a governmental entity. (5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing. (6) The case involves claims of intentional conduct. (7) The case has been reclassified as unlimited pursuant to Section 403.020. (8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code. (9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time. (c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer. (d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried. 630.21. For purposes of this chapter: (a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter. (b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. 630.22. (a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders. (b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. 630.23. The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: (a) Each side shall have up to five hours in which to complete voir dire and to present its case. (b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors. (c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. (d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval. 630.24. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. 630.25. (a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. (c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. 630.26. (a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. (b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. 630.27. All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise. 630.28. The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following: (a) Pretrial exchanges and submissions. (b) Pretrial conferences. (c) Opt-out procedures pursuant to subdivision (b) of Section 630.20. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. 630.29. Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016. 630.30. This chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date. ### 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: SECTI/div> SEC. 2. Section 5008.9 is added to the Corporations Code, to read: 5008.9. (a) A nonprofit corporation described in Section 5059, 5060, or 5061, or a foreign nonprofit corporation, as defined in Section 5053, that has qualified to transact intrastate business, shall be subject to administrative dissolution or administrative surrender in accordance with this section if, as of January 1, 2016, or later, the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a period of not less than 48 continuous months. (b) Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the corporation shall be notified of the pending administrative dissolution or administrative surrender as follows: (1) The Franchise Tax Board shall mail written notice to the last known address of a nonprofit corporation or foreign corporation meeting the requirement described in subdivision (a). (2) If the nonprofit corporation or foreign corporation does not have a valid address in the records of the Franchise Tax Board, the notice provided in subdivision (d) shall be deemed sufficient notice prior to administrative dissolution or administrative surrender. (c) The Franchise Tax Board shall transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of nonprofit corporations and foreign corporations subject to the administrative dissolution or administrative surrender provisions of this section. (d) The Secretary of State shall provide 60 calendar days’ notice of the pending administrative dissolution or administrative surrender on its Internet Web site by listing the corporation name and the Secretary of State’s file number for the nonprofit corporation or foreign corporation. The Secretary of State shall also, in conjunction with the information above, provide instructions for a nonprofit corporation or foreign corporation to submit a written objection of the pending administrative dissolution or administrative surrender to the Franchise Tax Board. (e) (1) A nonprofit corporation or foreign corporation may provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. (2) The Franchise Tax Board shall notify the Secretary of State if a written objection has been received. (f) If no written objection to the administrative dissolution or administrative surrender is received by the Franchise Tax Board during the 60-day period described in subdivision (d), the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section. The certificate of the Secretary of State shall be prima facie evidence of the administrative dissolution or administrative surrender. (g) (1) If the written objection of a nonprofit corporation or foreign corporation to the administrative dissolution or administrative surrender has been received by the Franchise Tax Board before the expiration of the 60-day period described in subdivision (d), that nonprofit corporation or foreign corporation shall have an additional 90 days from the date the written objection is received by the Franchise Tax Board to pay or otherwise satisfy all accrued taxes, penalties, and interest and to file a current Statement of Information with the Secretary of State. (2) (A) If the conditions in paragraph (1) are satisfied, the administrative dissolution or administrative surrender shall be canceled. (B) If the conditions in paragraph (1) are not satisfied, the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section as of the date that is 90 days after the receipt of the written objection. (3) The Franchise Tax Board may extend the 90-day period in paragraph (1), but for no more than one period of 90 days. (h) Upon administrative dissolution or administrative surrender in accordance with this section, the nonprofit corporation’s or the foreign corporation’s liabilities for qualified taxes, interest, and penalties as defined in Section 23156 of the Revenue and Taxation Code, if any, shall be abated. Any actions taken by the Franchise Tax Board to collect that abated liability shall be released, withdrawn, or otherwise terminated by the Franchise Tax Board, and no subsequent administrative or civil action shall be taken or brought to collect all or part of that amount. Any amounts erroneously received by the Franchise Tax Board in contravention of this section may be credited and refunded in accordance with Article 1 (commencing with Section 19301) of Chapter 6 of Part 10.2 of Division 2 of the Revenue and Taxation Code. (i) If the nonprofit corporation or foreign corporation is administratively dissolved or administratively surrendered under this section, the liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved or administratively surrendered nonprofit corporation or foreign corporation is not discharged. The administrative dissolution or administrative surrender of a nonprofit corporation or foreign corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 3. Section 6610.5 is added to the Corporations Code, to read: 6610.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating all of the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 4. Section 8610.5 is added to the Corporations Code, to read: 8610.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis, or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the administrative dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 5. Section 9680.5 is added to the Corporations Code, to read: 9680.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the dissolution of a nonprofit corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a nonprofit corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 6. Section 23156 is added to the Revenue and Taxation Code, to read: 23156. (a) The Franchise Tax Board shall abate, upon written request by a qualified nonprofit corporation, unpaid qualified taxes, interest, and penalties for the taxable years in which the qualified nonprofit corporation certifies, under penalty of perjury, that it was not doing business, within the meaning of subdivision (a) of Section 23101. (b) For purposes of this section: (1) “Qualified nonprofit corporation” means a nonprofit corporation identified in Section 5059, 5060, or 5061 of the Corporations Code or a foreign nonprofit corporation, as defined in Section 5053 of the Corporations Code that has qualified to transact intrastate business in this state and that satisfies any of the following conditions: (A) Was operating and previously obtained tax-exempt status with the Franchise Tax Board, but had its tax-exempt status revoked under subdivision (c) of Section 23777. (B) Was operating and previously obtained tax-exempt status with the Internal Revenue Service, but had its tax-exempt status revoked under Section 6033(j) of the Internal Revenue Code. (C) Was never doing business, within the meaning of subdivision (a) of Section 23101, in this state at any time after the time of its incorporation in this state. (2) “Qualified taxes, interest, and penalties” means tax imposed under Section 23153 and associated interest and penalties, and any penalties imposed under Section 19141. “Qualified taxes, interest, and penalties” does not include tax imposed under Section 23501 or 23731, or associated interest or penalties. (c) The qualified corporation must establish that it has ceased all business operations at the time of filing the request for abatement under this section. (d) (1) The abatement of unpaid qualified tax, interest, and penalties is conditioned on the dissolution of the qualified corporation within 12 months from the date of filing the request for abatement under this section. (2) If the qualified corporation is not dissolved within 12 months from the date of filing the request for abatement or restarts business operations at any time after requesting abatement under this section, the abatement of qualified tax, interest, and penalties under this section shall be canceled and the qualified taxes, interest, and penalties subject to that abatement shall be treated as if the abatement never occurred. (e) The Franchise Tax Board shall prescribe any rules and regulations that may be necessary or appropriate to implement 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 standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. SEC. 7. 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 Nonprofit Corporation Law, among other things, generally regulates the organization and operation of nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. (1) Existing law authorizes the corporate powers, rights, and privileges of a domestic taxpayer to be suspended, and the exercise of the corporate powers, rights, and privileges of a foreign taxpayer in this state to be forfeited, if certain tax liabilities are not paid or a taxpayer fails to file a tax return. Existing law also authorizes the corporate powers, rights, and privileges of a domestic corporation exempt from income tax to be suspended and the exercise of the corporate powers, rights, and privileges of a foreign corporation in this state exempt from income tax to be forfeited if the organization fails to file the annual information return or a specified statement for organizations not required to file the information return or pay a specified amount due. Existing law requires notice prior to the suspension or forfeiture of a taxpayer’s corporate powers, rights, and privileges. Existing law requires the Franchise Tax Board to transmit to the Secretary of State the names of those taxpayers subject to these suspension or forfeiture provisions and thereby makes the suspension or forfeiture effective. Under existing law, the Secretary of State’s certificate is prima facie evidence of the suspension or forfeiture. This bill would make a nonprofit public benefit corporation, a nonprofit mutual benefit corporation, a nonprofit religious corporation, and a foreign nonprofit corporation, subject to administrative dissolution or administrative surrender, as specified, if the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a specified period of time. Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the bill would require the Franchise Tax Board to provide notice to the corporation of the pending administrative dissolution or administrative surrender. The bill would require the Franchise Tax Board to transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of the corporations subject to administrative dissolution or administrative surrender. The bill would also require the Secretary of State to provide notice of the pending administrative dissolution or administrative surrender on its Internet Web site, as specified. The bill would authorize a nonprofit corporation or foreign corporation to provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. If there is no written objection or the written objection fails, the bill would require the corporation to be administratively dissolved or administratively surrendered and would provide that the certificate of the Secretary of State is prima facie evidence of the administrative dissolution or administrative surrender. Upon administrative dissolution or administrative surrender, the bill would abate the nonprofit corporation’s liabilities for qualified taxes, interest, and penalties, as provided. (2) Existing law, the Nonprofit Corporation Law, authorizes a nonprofit public benefit corporation, nonprofit mutual benefit corporation, and nonprofit religious corporation to elect voluntarily to wind up and dissolve by either approval of a majority of all members or approval of the board and approval of the members. Under existing law, the General Corporation Law, when a corporation has not issued shares, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, are authorized to sign and verify a specified certificate of dissolution. Existing law requires the certificate to be filed with the Secretary of State and requires the Secretary of State to notify the Franchise Tax Board of the dissolution. Existing law provides that, upon the filing of the certificate, a corporation is dissolved and its powers, rights, and privileges cease. This bill would enact provisions similar to those General Corporation Law provisions and make them applicable to nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. The bill would additionally provide that liability to creditors, if any, is not discharged, the liability of the directors of the dissolved nonprofit corporation is not discharged, and the dissolution of a nonprofit corporation does not diminish or adversely affect the ability of the Attorney General to enforce specified liabilities. (3) Existing law requires every corporation doing business within the limits of this state and not expressly exempted from taxation to annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, as specified. Under existing law, every corporation, except as specified, is subject to the minimum franchise tax until the effective date of dissolution or withdrawal or, if later, the date the corporation ceases to do business within the limits of this state. Upon certification by the Secretary of State that a nonprofit public benefit corporation or a nonprofit mutual benefit corporation has failed to file the required Statement of Information, existing law requires the Franchise Tax Board to assess a specified penalty. This bill would require the Franchise Tax Board to abate, upon written request by a qualified nonprofit corporation, as defined, unpaid qualified taxes, interest, and penalties, as defined, for the taxable years in which the nonprofit corporation certifies, under penalty of perjury, that it was not doing business, as defined. The bill would make this abatement conditioned on the dissolution of the qualified corporation within a specified period of time of filing the request for abatement. The bill would require the Franchise Tax Board to prescribe rules and regulations to carry out these abatement provisions and would exempt these rules and regulations from the Administrative Procedure Act. (4) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. This bill would make certain legislative findings and declarations that abatement of a nonprofit corporation’s liabilities for specified taxes, penalties, and interest serves a public purpose, as provided. (5) By expanding the crime of perjury, 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: SECTI/div> SEC. 2. Section 5008.9 is added to the Corporations Code, to read: 5008.9. (a) A nonprofit corporation described in Section 5059, 5060, or 5061, or a foreign nonprofit corporation, as defined in Section 5053, that has qualified to transact intrastate business, shall be subject to administrative dissolution or administrative surrender in accordance with this section if, as of January 1, 2016, or later, the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a period of not less than 48 continuous months. (b) Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the corporation shall be notified of the pending administrative dissolution or administrative surrender as follows: (1) The Franchise Tax Board shall mail written notice to the last known address of a nonprofit corporation or foreign corporation meeting the requirement described in subdivision (a). (2) If the nonprofit corporation or foreign corporation does not have a valid address in the records of the Franchise Tax Board, the notice provided in subdivision (d) shall be deemed sufficient notice prior to administrative dissolution or administrative surrender. (c) The Franchise Tax Board shall transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of nonprofit corporations and foreign corporations subject to the administrative dissolution or administrative surrender provisions of this section. (d) The Secretary of State shall provide 60 calendar days’ notice of the pending administrative dissolution or administrative surrender on its Internet Web site by listing the corporation name and the Secretary of State’s file number for the nonprofit corporation or foreign corporation. The Secretary of State shall also, in conjunction with the information above, provide instructions for a nonprofit corporation or foreign corporation to submit a written objection of the pending administrative dissolution or administrative surrender to the Franchise Tax Board. (e) (1) A nonprofit corporation or foreign corporation may provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. (2) The Franchise Tax Board shall notify the Secretary of State if a written objection has been received. (f) If no written objection to the administrative dissolution or administrative surrender is received by the Franchise Tax Board during the 60-day period described in subdivision (d), the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section. The certificate of the Secretary of State shall be prima facie evidence of the administrative dissolution or administrative surrender. (g) (1) If the written objection of a nonprofit corporation or foreign corporation to the administrative dissolution or administrative surrender has been received by the Franchise Tax Board before the expiration of the 60-day period described in subdivision (d), that nonprofit corporation or foreign corporation shall have an additional 90 days from the date the written objection is received by the Franchise Tax Board to pay or otherwise satisfy all accrued taxes, penalties, and interest and to file a current Statement of Information with the Secretary of State. (2) (A) If the conditions in paragraph (1) are satisfied, the administrative dissolution or administrative surrender shall be canceled. (B) If the conditions in paragraph (1) are not satisfied, the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section as of the date that is 90 days after the receipt of the written objection. (3) The Franchise Tax Board may extend the 90-day period in paragraph (1), but for no more than one period of 90 days. (h) Upon administrative dissolution or administrative surrender in accordance with this section, the nonprofit corporation’s or the foreign corporation’s liabilities for qualified taxes, interest, and penalties as defined in Section 23156 of the Revenue and Taxation Code, if any, shall be abated. Any actions taken by the Franchise Tax Board to collect that abated liability shall be released, withdrawn, or otherwise terminated by the Franchise Tax Board, and no subsequent administrative or civil action shall be taken or brought to collect all or part of that amount. Any amounts erroneously received by the Franchise Tax Board in contravention of this section may be credited and refunded in accordance with Article 1 (commencing with Section 19301) of Chapter 6 of Part 10.2 of Division 2 of the Revenue and Taxation Code. (i) If the nonprofit corporation or foreign corporation is administratively dissolved or administratively surrendered under this section, the liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved or administratively surrendered nonprofit corporation or foreign corporation is not discharged. The administrative dissolution or administrative surrender of a nonprofit corporation or foreign corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 3. Section 6610.5 is added to the Corporations Code, to read: 6610.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating all of the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 4. Section 8610.5 is added to the Corporations Code, to read: 8610.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis, or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the administrative dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 5. Section 9680.5 is added to the Corporations Code, to read: 9680.5. (a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: (1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. (2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). (3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. (4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (5) That the corporation was created in error. (6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. (7) That a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. (8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. (9) That the corporation is dissolved. (b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board of the dissolution. (c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. (d) Notwithstanding the dissolution of a nonprofit corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a nonprofit corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. SEC. 6. Section 23156 is added to the Revenue and Taxation Code, to read: 23156. (a) The Franchise Tax Board shall abate, upon written request by a qualified nonprofit corporation, unpaid qualified taxes, interest, and penalties for the taxable years in which the qualified nonprofit corporation certifies, under penalty of perjury, that it was not doing business, within the meaning of subdivision (a) of Section 23101. (b) For purposes of this section: (1) “Qualified nonprofit corporation” means a nonprofit corporation identified in Section 5059, 5060, or 5061 of the Corporations Code or a foreign nonprofit corporation, as defined in Section 5053 of the Corporations Code that has qualified to transact intrastate business in this state and that satisfies any of the following conditions: (A) Was operating and previously obtained tax-exempt status with the Franchise Tax Board, but had its tax-exempt status revoked under subdivision (c) of Section 23777. (B) Was operating and previously obtained tax-exempt status with the Internal Revenue Service, but had its tax-exempt status revoked under Section 6033(j) of the Internal Revenue Code. (C) Was never doing business, within the meaning of subdivision (a) of Section 23101, in this state at any time after the time of its incorporation in this state. (2) “Qualified taxes, interest, and penalties” means tax imposed under Section 23153 and associated interest and penalties, and any penalties imposed under Section 19141. “Qualified taxes, interest, and penalties” does not include tax imposed under Section 23501 or 23731, or associated interest or penalties. (c) The qualified corporation must establish that it has ceased all business operations at the time of filing the request for abatement under this section. (d) (1) The abatement of unpaid qualified tax, interest, and penalties is conditioned on the dissolution of the qualified corporation within 12 months from the date of filing the request for abatement under this section. (2) If the qualified corporation is not dissolved within 12 months from the date of filing the request for abatement or restarts business operations at any time after requesting abatement under this section, the abatement of qualified tax, interest, and penalties under this section shall be canceled and the qualified taxes, interest, and penalties subject to that abatement shall be treated as if the abatement never occurred. (e) The Franchise Tax Board shall prescribe any rules and regulations that may be necessary or appropriate to implement 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 standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. SEC. 7. 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 4677 of the Welfare and Institutions Code is amended to read: 4677. (a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximum independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784. (2) In no event shall an allocation from the Program Development Fund be granted for more than 24 months. (b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable. (2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs. (3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7. (4) The department shall provide additional information, as requested by the state council. (5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and support, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process. (6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The State Council on Developmental Disabilities, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment. (c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to any allocations that may be made in the annual Budget Act. In no event shall any of these funds revert to the General Fund. (d) The department may allocate funds from the Program Development Fund for any legal purpose, provided that requests for proposals and allocations are approved by the state council in consultation with the department, and are consistent with the priorities for program development in the state plan. Allocations from the Program Development Fund shall take into consideration the following factors: (1) The future fiscal impact of the allocations on other state supported services and supports for persons with developmental disabilities. (2) (A) The information on priority services and supports needed, but currently unavailable, submitted by the regional centers. (B) Consistent with the level of need as determined in the state plan, excess parental fees may be used for purposes other than programs specified in subdivision (a) only when specifically appropriated to the State Department of Developmental Services for those purposes. (e) Under no circumstances shall the deposit of federal moneys into the Program Development Fund be construed as requiring the State Department of Developmental Services to comply with a definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund. SEC. 2. Section 4782 of the Welfare and Institutions Code is repealed. SEC. 3. Section 4784 of the Welfare and Institutions Code is amended to read: 4784. (a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents’ ability to pay the fee, but not to exceed an inflationary factor as determined by the department. (b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) In establishing the amount parents shall pay, the director shall take into account all of the following factors: (1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment. (2) Medical expenses incurred prior to regional center care. (3) Whether the child is living at home. (4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child. (5) Transportation expenses incurred in visiting a child. (d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee. (e) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009. (2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011. (f) Notwithstanding any other law, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows: (1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan. (2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs. (g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. Section 4784 is added to the Welfare and Institutions Code, to read: 4784. (a) The department shall assess a monthly fee to parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or as a resident of a state hospital when the family’s gross income is above 200 percent of the federal poverty level. (b) The monthly parental fees and credits established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A monthly parental fee described in this section shall be assessed beginning 60 days from the date of the child’s placement in 24-hour out-of-home care. (d) For the purpose of assessing the fee, parents shall provide income documentation to the department within 30 days of the date the department requested the documentation. Income documentation shall include a copy of a parent’s most recent federal tax return or a copy of each parent’s most recent paystub or employer-provided earnings statement, issued within 60 days of the date the department requested the documentation. A self-employed parent shall document his or her income by providing a copy of his or her most recent federal tax return. A parent without income documentation shall report and certify his or her income on a form provided by the department. (e) (1) The monthly parental fee for parents who timely submit income documentation or from whom the department does not request income documentation shall be as follows: (A) Parents who have a family income of 201 percent to 300 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 3 percent of their annual gross income, divided by 12. (B) Parents who have a family income of 301 percent to 400 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 4 percent of their annual gross income, divided by 12. (C) Parents who have a family income of 401 percent to 500 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 5 percent of their annual gross income, divided by 12. (D) Parents who have a family income of 501 percent or more of the current federal poverty level shall be assessed a monthly fee of 6 percent of their annual gross income, divided by 12. (2) The monthly parental fee for parents who fail to provide income documentation to the department within 30 days of the date the department requested the documentation shall be equivalent to the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region. However, if parents whose monthly parental fee is calculated pursuant to this paragraph later provide the required income documentation, their monthly parental fee shall be recalculated pursuant to paragraph (1) and retroactively adjusted based on the income information provided. (3) A monthly parental fee assessed pursuant to this section shall not exceed the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region, or the cost of the services provided, whichever is less. (4) A monthly parental fee assessed pursuant to this section shall be recalculated every 12 months, on the date of the original fee assessment, and within 60 days of the date a parent notifies the department of a change in family income or family size and provides updated income documentation, as described in subdivision (d). (5) Parents of children placed in 24-hour out-of-home care prior to July 1, 2016, shall have their initial monthly parental fee calculated, pursuant to the provisions of this section, at the time of their annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. (6) The department may grant a temporary waiver from paying the monthly parental fee for parents who substantiate, with receipts, an unavoidable and uninsured catastrophic loss with direct economic impact on the family or significant unreimbursed medical costs associated with care for a child who is a regional center consumer. (f) Parents who remove their child from 24-hour out-of-home care for a home visit for six or more consecutive hours during a 24-hour period shall be entitled to a credit equal to one day of the monthly parental fee. A credit shall be calculated by multiplying the parents’ monthly parental fee by 12 and dividing that number by the number of days in the year. In order to receive a credit pursuant to this subdivision, parents shall submit a request to the department that is postmarked no later than 60 days after the day for which the credit was earned. Failure to comply with this requirement will result in a denial of the credit by the department. (g) All fees collected shall be remitted to the State Treasury to be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for the program development in the state plan, or to be used by the department to offset General Fund costs. (h) Parents may appeal a determination of the amount of a monthly parental fee or the denial or amount of a credit requested pursuant to subdivision (f) by submitting a written appeal request to the director within 30 days of the date of the monthly parental fee confirmation letter or credit confirmation or denial letter. An appeal pursuant to this subdivision may consider only disputes concerning the family income used to set the monthly parental fee and the denial or amount of credit. The director, or his or her designee shall, within 30 days after receipt of the appeal, review the assessed monthly parental fee or credit denial or amount for accuracy and provide written notice of the decision to the appellant. The director or his or her designee shall, when deciding an appeal of a monthly parental fee, consider the income documentation and the calculation of the monthly parental fee described in subdivision (e). All decisions regarding monthly parental fee appeals shall be retroactive to the date the appealed monthly parental fee was assessed. (i) This section shall become operative on July 1, 2016.
Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees to be paid by parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or who are residents of a state hospital or on leave from the state hospital. Existing law provides that all parental fees collected by or for regional centers are remitted to the State Treasury to be deposited in the Program Development Fund, a continuously appropriated fund. This bill would, effective July 1, 2016, revise and recast those provisions by, among other things, calculating monthly parental fees based on a percentage of the parents’ annual income and authorizing a credit of the equivalent of one day of the monthly parental fee for each day a child spends 6 or more consecutive hours in a 24-hour period on a home visit. The bill would prohibit a monthly parental fee from exceeding the maximum monthly cost of caring for a child or the cost of services provided, whichever is less. The bill would require, for parents of children placed in 24-hour out-of-home care prior to July 1, 2016, the monthly parental fee to be calculated at the time of the parents’ annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. The bill would provide that the Program Development Fund is available upon appropriation by the Legislature and make other related and conforming changes.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4677 of the Welfare and Institutions Code is amended to read: 4677. (a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximum independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784. (2) In no event shall an allocation from the Program Development Fund be granted for more than 24 months. (b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable. (2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs. (3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7. (4) The department shall provide additional information, as requested by the state council. (5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and support, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process. (6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The State Council on Developmental Disabilities, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment. (c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to any allocations that may be made in the annual Budget Act. In no event shall any of these funds revert to the General Fund. (d) The department may allocate funds from the Program Development Fund for any legal purpose, provided that requests for proposals and allocations are approved by the state council in consultation with the department, and are consistent with the priorities for program development in the state plan. Allocations from the Program Development Fund shall take into consideration the following factors: (1) The future fiscal impact of the allocations on other state supported services and supports for persons with developmental disabilities. (2) (A) The information on priority services and supports needed, but currently unavailable, submitted by the regional centers. (B) Consistent with the level of need as determined in the state plan, excess parental fees may be used for purposes other than programs specified in subdivision (a) only when specifically appropriated to the State Department of Developmental Services for those purposes. (e) Under no circumstances shall the deposit of federal moneys into the Program Development Fund be construed as requiring the State Department of Developmental Services to comply with a definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund. SEC. 2. Section 4782 of the Welfare and Institutions Code is repealed. SEC. 3. Section 4784 of the Welfare and Institutions Code is amended to read: 4784. (a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents’ ability to pay the fee, but not to exceed an inflationary factor as determined by the department. (b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) In establishing the amount parents shall pay, the director shall take into account all of the following factors: (1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment. (2) Medical expenses incurred prior to regional center care. (3) Whether the child is living at home. (4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child. (5) Transportation expenses incurred in visiting a child. (d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee. (e) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009. (2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011. (f) Notwithstanding any other law, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows: (1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan. (2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs. (g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. Section 4784 is added to the Welfare and Institutions Code, to read: 4784. (a) The department shall assess a monthly fee to parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or as a resident of a state hospital when the family’s gross income is above 200 percent of the federal poverty level. (b) The monthly parental fees and credits established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A monthly parental fee described in this section shall be assessed beginning 60 days from the date of the child’s placement in 24-hour out-of-home care. (d) For the purpose of assessing the fee, parents shall provide income documentation to the department within 30 days of the date the department requested the documentation. Income documentation shall include a copy of a parent’s most recent federal tax return or a copy of each parent’s most recent paystub or employer-provided earnings statement, issued within 60 days of the date the department requested the documentation. A self-employed parent shall document his or her income by providing a copy of his or her most recent federal tax return. A parent without income documentation shall report and certify his or her income on a form provided by the department. (e) (1) The monthly parental fee for parents who timely submit income documentation or from whom the department does not request income documentation shall be as follows: (A) Parents who have a family income of 201 percent to 300 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 3 percent of their annual gross income, divided by 12. (B) Parents who have a family income of 301 percent to 400 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 4 percent of their annual gross income, divided by 12. (C) Parents who have a family income of 401 percent to 500 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 5 percent of their annual gross income, divided by 12. (D) Parents who have a family income of 501 percent or more of the current federal poverty level shall be assessed a monthly fee of 6 percent of their annual gross income, divided by 12. (2) The monthly parental fee for parents who fail to provide income documentation to the department within 30 days of the date the department requested the documentation shall be equivalent to the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region. However, if parents whose monthly parental fee is calculated pursuant to this paragraph later provide the required income documentation, their monthly parental fee shall be recalculated pursuant to paragraph (1) and retroactively adjusted based on the income information provided. (3) A monthly parental fee assessed pursuant to this section shall not exceed the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region, or the cost of the services provided, whichever is less. (4) A monthly parental fee assessed pursuant to this section shall be recalculated every 12 months, on the date of the original fee assessment, and within 60 days of the date a parent notifies the department of a change in family income or family size and provides updated income documentation, as described in subdivision (d). (5) Parents of children placed in 24-hour out-of-home care prior to July 1, 2016, shall have their initial monthly parental fee calculated, pursuant to the provisions of this section, at the time of their annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. (6) The department may grant a temporary waiver from paying the monthly parental fee for parents who substantiate, with receipts, an unavoidable and uninsured catastrophic loss with direct economic impact on the family or significant unreimbursed medical costs associated with care for a child who is a regional center consumer. (f) Parents who remove their child from 24-hour out-of-home care for a home visit for six or more consecutive hours during a 24-hour period shall be entitled to a credit equal to one day of the monthly parental fee. A credit shall be calculated by multiplying the parents’ monthly parental fee by 12 and dividing that number by the number of days in the year. In order to receive a credit pursuant to this subdivision, parents shall submit a request to the department that is postmarked no later than 60 days after the day for which the credit was earned. Failure to comply with this requirement will result in a denial of the credit by the department. (g) All fees collected shall be remitted to the State Treasury to be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for the program development in the state plan, or to be used by the department to offset General Fund costs. (h) Parents may appeal a determination of the amount of a monthly parental fee or the denial or amount of a credit requested pursuant to subdivision (f) by submitting a written appeal request to the director within 30 days of the date of the monthly parental fee confirmation letter or credit confirmation or denial letter. An appeal pursuant to this subdivision may consider only disputes concerning the family income used to set the monthly parental fee and the denial or amount of credit. The director, or his or her designee shall, within 30 days after receipt of the appeal, review the assessed monthly parental fee or credit denial or amount for accuracy and provide written notice of the decision to the appellant. The director or his or her designee shall, when deciding an appeal of a monthly parental fee, consider the income documentation and the calculation of the monthly parental fee described in subdivision (e). All decisions regarding monthly parental fee appeals shall be retroactive to the date the appealed monthly parental fee was assessed. (i) This section shall become operative on July 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 10203.4 of the Insurance Code is amended to read: 10203.4. (a) Insurance under a group life insurance policy issued pursuant to Sections 10202, 10202.8, 10203, 10203.1, and 10203.7 may be extended to insure the dependents, or any class or classes thereof, of each insured employee who so elects, in amounts in accordance with some plan that precludes individual selection and that shall not be in excess of 100 percent of the insurance on the life of the insured employee. For dependent children over the age of majority, the group policyholder may elect coverage at age variations up to the limiting age. (b) “Dependent” includes the member’s spouse or a minor child, as well as a child older than the age of majority up to a maximum of 26 years of age, or any child over the age of majority who is both incapable of self-sustaining employment by reason of an intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance if proof of the incapacity and dependency is furnished to the insurer by the employee within 31 days of the child’s attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following the child’s attainment of the limiting age. (c) The premiums for the insurance on the dependents may be paid by the employer, the employee, or the employer and the employee jointly. SEC. 2. Section 10271.1 of the Insurance Code is amended to read: 10271.1. (a) (1) Supplemental benefits that operate to safeguard life insurance contracts against lapse are defined as a waiver of premium benefit or a waiver of monthly deduction benefit, as applicable, in which the insurer waives the premium or monthly deduction for a life insurance contract when the insured becomes totally disabled, as defined by the supplemental benefit, and where the waiver continues until the end of the insured’s disability, or for the period specified by the supplemental benefit, consistent with paragraph (5). (2) For purposes of this subdivision, total disability shall not be less favorable to the insured than the following: (A) During the first 24 months of total disability, the insured is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. (B) After the first 24 months of total disability, the insured, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. (3) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. (4) The insurer may require total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. (5) The waiver of premium or monthly deduction benefit shall continue for the period specified by the supplemental benefit, but shall not be less favorable to the insured than the following: (A) If the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled, except as follows: (i) For group life insurance policies, if the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period of total disability up to 65 years of age. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. (ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). (B) If the insured’s total disability begins after the age specified in subparagraph (A), the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age, except as follows: (i) For group life insurance policies, if the insured’s total disability begins on or after the date the insured attains 60 years of age, the insurer is not required to waive premiums or monthly deductions. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. (ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). (6) In addition to the permissible exclusions listed in subdivision (g) of Section 10271, the insurer may exclude a total disability occurring after the policy anniversary or supplemental contract anniversary, as applicable and as defined by the supplemental benefit, on which the insured attains a specified age of no less than 65 years. (b) “Special surrender benefit” is defined as a “waiver of surrender charge benefit” wherein the insurer waives the surrender charge usually charged for a withdrawal of funds from the cash value of a life insurance contract or the account value of an annuity contract if the owner, insured, or annuitant, as applicable, meets any of the following criteria: (1) Develops any medical condition where the owner’s, insured’s, or annuitant’s life expectancy is expected to be less than or equal to a limited period of time that shall not be restricted to a period of less than 12 months or greater than 24 months. (2) Is receiving, as prescribed by a physician, registered nurse, or licensed social worker, home care or community-based services, as defined in subdivision (a) of Section 10232.9, or is confined in a skilled nursing facility, convalescent nursing home, or extended care facility, which shall not be defined more restrictively than as in the Medicare program, or is confined in a residential care facility or residential care facility for the elderly, as defined in the Health and Safety Code. Out-of-state providers of services shall be defined as comparable in licensure and staffing requirements to California providers. (3) Has any medical condition that would, in the absence of treatment, result in death within a limited period of time, as defined by the supplemental benefit, but that shall not be restricted to a period of less than six months. (4) Is totally disabled, as follows: (A) During the first 24 months of total disability, the owner, insured, or annuitant, as applicable, is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. (B) After the first 24 months of total disability, the owner, insured, or annuitant, as applicable, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. (C) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. (D) The insurer may require the total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. (5) Has a chronic illness as defined pursuant to either subparagraph (A) or (B): (A) Either of the following: (i) Impairment in performing two out of seven activities of daily living, as set forth in subdivisions (a) and (g) of Section 10232.8, meaning the insured needs human assistance, or needs continual substantial supervision. (ii) The insured has an impairment of cognitive ability, meaning a deterioration or loss of intellectual capacity due to mental illness or disease, including Alzheimer’s disease or related illnesses, that requires continual supervision to protect oneself or others. (B) Either of the following: (i) Impairment in performing two out of six activities of daily living as described in subdivisions (b), (d), (e), and (f) of Section 10232.8 due to a loss of functional capacity to perform the activity. (ii) Impairment of cognitive ability, meaning the insured needs substantial supervision due to severe cognitive impairment, as described in subdivisions (b), (d), and (e) of Section 10232.8. (6) Has become involuntarily or voluntarily unemployed. (c) The term “supplemental benefit” means a rider to or provision in a life insurance policy, certificate, or annuity contract that provides a benefit as set forth in subdivision (a) of Section 10271.
Existing law provides for the regulation of specified insurance products, including group life insurance, by the Insurance Commissioner. Existing law provides that insurance under a group life insurance policy may be extended to insure the dependents of each insured employee under the group policy, as specified. Existing law defines a dependent for these purposes as including the employee’s spouse and all children from birth until 26 years of age, or a child 26 years of age or older who is both incapable of self-sustaining employment by reason of intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance, as specified. This bill would clarify that for dependent children over the age of majority the group policyholder would be authorized to elect coverage at age variations up to the limiting age. Existing law defines a waiver of premium benefit or a waiver of monthly deduction benefit under a life insurance contract as a supplemental benefit that operates to safeguard a life insurance contract against lapse when the insured becomes totally disabled, as defined by the supplemental benefit, and continues until the end of the insured’s disability or the period specified by the supplemental benefit, consistent with specified restrictions. Existing law requires, if the insured’s total disability begins before the insured attains 60 years of age, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled. Existing law requires, if the insured’s total disability begins when the insured is 60 years of age or older, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age. This bill would require an insurer, for an insured who becomes totally disabled before attaining 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit, to waive all premiums or monthly deductions due for the period of total disability up to the time the insured attains 65 years of age. The bill would also permit an insurer to collect premiums or monthly deductions from an insured who becomes totally disabled on or after 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit. The bill would require an insurer offering a renewal for a group life insurance policy issued prior to January 1, 2017, that contains a supplemental benefit to offer the employer a continuation of the in-force supplemental benefit, and would authorize the insurer to concurrently offer the group policyholder the option to change the supplemental benefit to either waive or collect premiums or monthly deductions as described above.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10203.4 of the Insurance Code is amended to read: 10203.4. (a) Insurance under a group life insurance policy issued pursuant to Sections 10202, 10202.8, 10203, 10203.1, and 10203.7 may be extended to insure the dependents, or any class or classes thereof, of each insured employee who so elects, in amounts in accordance with some plan that precludes individual selection and that shall not be in excess of 100 percent of the insurance on the life of the insured employee. For dependent children over the age of majority, the group policyholder may elect coverage at age variations up to the limiting age. (b) “Dependent” includes the member’s spouse or a minor child, as well as a child older than the age of majority up to a maximum of 26 years of age, or any child over the age of majority who is both incapable of self-sustaining employment by reason of an intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance if proof of the incapacity and dependency is furnished to the insurer by the employee within 31 days of the child’s attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following the child’s attainment of the limiting age. (c) The premiums for the insurance on the dependents may be paid by the employer, the employee, or the employer and the employee jointly. SEC. 2. Section 10271.1 of the Insurance Code is amended to read: 10271.1. (a) (1) Supplemental benefits that operate to safeguard life insurance contracts against lapse are defined as a waiver of premium benefit or a waiver of monthly deduction benefit, as applicable, in which the insurer waives the premium or monthly deduction for a life insurance contract when the insured becomes totally disabled, as defined by the supplemental benefit, and where the waiver continues until the end of the insured’s disability, or for the period specified by the supplemental benefit, consistent with paragraph (5). (2) For purposes of this subdivision, total disability shall not be less favorable to the insured than the following: (A) During the first 24 months of total disability, the insured is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. (B) After the first 24 months of total disability, the insured, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. (3) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. (4) The insurer may require total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. (5) The waiver of premium or monthly deduction benefit shall continue for the period specified by the supplemental benefit, but shall not be less favorable to the insured than the following: (A) If the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled, except as follows: (i) For group life insurance policies, if the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period of total disability up to 65 years of age. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. (ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). (B) If the insured’s total disability begins after the age specified in subparagraph (A), the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age, except as follows: (i) For group life insurance policies, if the insured’s total disability begins on or after the date the insured attains 60 years of age, the insurer is not required to waive premiums or monthly deductions. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. (ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). (6) In addition to the permissible exclusions listed in subdivision (g) of Section 10271, the insurer may exclude a total disability occurring after the policy anniversary or supplemental contract anniversary, as applicable and as defined by the supplemental benefit, on which the insured attains a specified age of no less than 65 years. (b) “Special surrender benefit” is defined as a “waiver of surrender charge benefit” wherein the insurer waives the surrender charge usually charged for a withdrawal of funds from the cash value of a life insurance contract or the account value of an annuity contract if the owner, insured, or annuitant, as applicable, meets any of the following criteria: (1) Develops any medical condition where the owner’s, insured’s, or annuitant’s life expectancy is expected to be less than or equal to a limited period of time that shall not be restricted to a period of less than 12 months or greater than 24 months. (2) Is receiving, as prescribed by a physician, registered nurse, or licensed social worker, home care or community-based services, as defined in subdivision (a) of Section 10232.9, or is confined in a skilled nursing facility, convalescent nursing home, or extended care facility, which shall not be defined more restrictively than as in the Medicare program, or is confined in a residential care facility or residential care facility for the elderly, as defined in the Health and Safety Code. Out-of-state providers of services shall be defined as comparable in licensure and staffing requirements to California providers. (3) Has any medical condition that would, in the absence of treatment, result in death within a limited period of time, as defined by the supplemental benefit, but that shall not be restricted to a period of less than six months. (4) Is totally disabled, as follows: (A) During the first 24 months of total disability, the owner, insured, or annuitant, as applicable, is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. (B) After the first 24 months of total disability, the owner, insured, or annuitant, as applicable, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. (C) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. (D) The insurer may require the total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. (5) Has a chronic illness as defined pursuant to either subparagraph (A) or (B): (A) Either of the following: (i) Impairment in performing two out of seven activities of daily living, as set forth in subdivisions (a) and (g) of Section 10232.8, meaning the insured needs human assistance, or needs continual substantial supervision. (ii) The insured has an impairment of cognitive ability, meaning a deterioration or loss of intellectual capacity due to mental illness or disease, including Alzheimer’s disease or related illnesses, that requires continual supervision to protect oneself or others. (B) Either of the following: (i) Impairment in performing two out of six activities of daily living as described in subdivisions (b), (d), (e), and (f) of Section 10232.8 due to a loss of functional capacity to perform the activity. (ii) Impairment of cognitive ability, meaning the insured needs substantial supervision due to severe cognitive impairment, as described in subdivisions (b), (d), and (e) of Section 10232.8. (6) Has become involuntarily or voluntarily unemployed. (c) The term “supplemental benefit” means a rider to or provision in a life insurance policy, certificate, or annuity contract that provides a benefit as set forth in subdivision (a) of Section 10271. ### 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 17406 of the Education Code, as amended by Section 1 of Chapter 408 of the Statutes of 2014, is amended to read: 17406. (a) (1) Notwithstanding Section 17417, the governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. (2) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an instrument created pursuant to paragraph (1) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. (b) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. (c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 2. Section 17407 of the Education Code, as amended by Section 3 of Chapter 408 of the Statutes of 2014, is amended to read: 17407. (a) The governing board of a school district may enter into an agreement with a person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the school district upon a designated site and lease the building and site to the school district. The instrument shall provide that the title to the building and site shall vest in the school district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the school district before the expiration of the lease, and shall contain other terms and conditions as the governing board of the school district deems to be in the best interest of the school district. (b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that a governing board of a school district requires. The governing board of a school district may reject all bids. For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in a newspaper of general circulation published in the school district, or if there is no newspaper, then in a newspaper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (c) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an agreement entered into pursuant to subdivision (a) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, under this section shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 3. Section 17407.5 is added to the Education Code, to read: 17407.5. (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. (b) For purposes of this section: (1) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations had approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. (2) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) “Skilled and trained workforce” means a workforce that meets all of the following conditions: (A) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the chief. (B) (i) As of January 1, 2016, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (ii) As of January 1, 2017, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (iii) As of January 1, 2018, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (iv) As of January 1, 2019, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (C) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirements of subparagraph (B) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (4) “Skilled journeyperson” means a worker who either: (A) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (B) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. (c) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: (1) (A) The entity’s agreement with the governing board of the school district that the entity and its subcontractors at every tier will comply with the requirements of this section and that the entity will provide to the governing board of the school district, on a monthly basis while the project or contract is being performed, a report demonstrating that the entity and its subcontractors are complying with the requirements of this section. (B) If the entity fails to provide to the governing board of the school district the monthly report pursuant to subparagraph (A), the governing board of the school district shall immediately cease making payments to the entity pursuant to the instrument or agreement described in Section 17406 or 17407. (C) The monthly report provided to the governing board of the school district pursuant to this paragraph shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection. (2) If the governing board of a school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this section, the entity’s agreement that it will become a party to that project labor agreement. (3) Evidence that the entity has entered into a project labor agreement that includes the requirements of this section and that will bind the entity and all its subcontractors at every tier performing the project or contract. SEC. 4. Section 20111.6 of the Public Contract Code is amended to read: 20111.6. (a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) or any funds received, including funds reimbursed, from any future state school bond for a public project that involves a projected expenditure of one million dollars ($1,000,000) or more. (b) If the governing board of the school district enters into a contract meeting the criteria of subdivision (a), then the governing board of the school district shall require that prospective bidders for a construction contract complete and submit to the governing board of the school district a standardized prequalification questionnaire and financial statement. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (c) The governing board of the school district shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements. This system shall also apply to a person, firm, or corporation that constructs a building described in Section 17406 or 17407 of the Education Code. (d) The questionnaire and financial statement described in subdivision (b), and the uniform system of rating bidders described in subdivision (c), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. (e) Each prospective bidder shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded. (f) A proposal form required pursuant to subdivision (e) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b) or from any person or other entity that uses a subcontractor that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b), but has not done so at least 10 business days before the date fixed for the public opening of sealed bids or has not been prequalified for at least five business days before that date. The school district may require the completed questionnaire and financial statement for prequalification to be submitted more than 10 business days before the fixed date for the public opening of sealed bids. The school district may also require the prequalification more than five business days before the fixed date. (g) (1) The governing board of the school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly or annual basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (2) The governing board of the school district shall establish a process to prequalify a person, firm, or corporation, including, but not limited to, the prime contractor and, if used, an electrical, mechanical, and plumbing subcontractor, to construct a building described in Section 17406 or 17407 of the Education Code on a quarterly or annual basis. A prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (h) This section shall not preclude the governing board of the school district from prequalifying or disqualifying a subcontractor of any specialty classification described in Section 7058 of the Business and Professions Code. (i) For purposes of this section, bidders shall include both of the following: (1) A prime contractor, as defined in Section 4113, that is either of the following: (A) A general engineering contractor described in Section 7056 of the Business and Professions Code. (B) A general building contractor described in Section 7057 of the Business and Professions Code. (2) If utilized, each electrical, mechanical, and plumbing contractor, whether as a prime contractor or as a subcontractor, as defined in Section 4113. (j) If a public project covered by this section includes electrical, mechanical, or plumbing components that will be performed by electrical, mechanical, or plumbing contractors, a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors shall be made available by the school district to all bidders at least five business days before the dates fixed for the public opening of sealed bids. The school district may require the list to be made available more than five business days before the fixed dates for the public opening of sealed bids. (k) For purposes of this section, electrical, mechanical, and plumbing subcontractors are contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, pursuant to regulations of the Contractors’ State License Board. (l) This section shall not apply to a school district with an average daily attendance of less than 2,500. (m) (1) This section shall apply only to contracts awarded on or after January 1, 2014. (2) The amendments made to this section by the act adding this paragraph shall apply only to contracts awarded on or after January 1, 2015. (n) (1) On or before January 1, 2018, the Director of Industrial Relations shall (A) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (B) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (o) This section shall become inoperative on January 1, 2019, and, as of July 1, 2019, is repealed.
Existing law authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, also requires the instrument, if funds for the instrument derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. Existing law also authorizes the governing board of a school district to enter into an agreement with the lowest responsible bidder to construct, or provide for the construction of, a building to be leased and used by the school district upon a designated site if the instrument provides that the title to the building and site shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, requires the agreement, if funds for the agreement derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. This bill would, until January 1, 2019, require the instrument and agreement to provide that the person, firm, or corporation that constructs the building to comply with specified prequalification requirements in this context regardless of the funding source for the public project. The bill would require that certain conditions relating to the use of a skilled and trained workforce on the project or contract be satisfied before the governing board of a school district may enter into a contract with any entity for the construction, or for providing for the construction of, a building to be leased or used by the school district. Existing law requires, until January 1, 2019, the governing board of a school district that enters into a contract for a public project, as defined, for which the board uses moneys received pursuant to the Leroy F. Greene School Facilities Act of 1998 or moneys from future state school bonds for a public project that involves a projected expenditure of $1,000,000 or more, to require prospective bidders for a construction contract to complete and submit a standardized prequalification questionnaire and financial statement, as provided. This bill would impose these requirements on a public project if funding for the project includes reimbursement from any future state school bond.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17406 of the Education Code, as amended by Section 1 of Chapter 408 of the Statutes of 2014, is amended to read: 17406. (a) (1) Notwithstanding Section 17417, the governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. (2) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an instrument created pursuant to paragraph (1) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. (b) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. (c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 2. Section 17407 of the Education Code, as amended by Section 3 of Chapter 408 of the Statutes of 2014, is amended to read: 17407. (a) The governing board of a school district may enter into an agreement with a person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the school district upon a designated site and lease the building and site to the school district. The instrument shall provide that the title to the building and site shall vest in the school district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the school district before the expiration of the lease, and shall contain other terms and conditions as the governing board of the school district deems to be in the best interest of the school district. (b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that a governing board of a school district requires. The governing board of a school district may reject all bids. For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in a newspaper of general circulation published in the school district, or if there is no newspaper, then in a newspaper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (c) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an agreement entered into pursuant to subdivision (a) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, under this section shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 3. Section 17407.5 is added to the Education Code, to read: 17407.5. (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. (b) For purposes of this section: (1) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations had approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. (2) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) “Skilled and trained workforce” means a workforce that meets all of the following conditions: (A) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the chief. (B) (i) As of January 1, 2016, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (ii) As of January 1, 2017, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (iii) As of January 1, 2018, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (iv) As of January 1, 2019, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (C) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirements of subparagraph (B) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (4) “Skilled journeyperson” means a worker who either: (A) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (B) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. (c) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: (1) (A) The entity’s agreement with the governing board of the school district that the entity and its subcontractors at every tier will comply with the requirements of this section and that the entity will provide to the governing board of the school district, on a monthly basis while the project or contract is being performed, a report demonstrating that the entity and its subcontractors are complying with the requirements of this section. (B) If the entity fails to provide to the governing board of the school district the monthly report pursuant to subparagraph (A), the governing board of the school district shall immediately cease making payments to the entity pursuant to the instrument or agreement described in Section 17406 or 17407. (C) The monthly report provided to the governing board of the school district pursuant to this paragraph shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection. (2) If the governing board of a school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this section, the entity’s agreement that it will become a party to that project labor agreement. (3) Evidence that the entity has entered into a project labor agreement that includes the requirements of this section and that will bind the entity and all its subcontractors at every tier performing the project or contract. SEC. 4. Section 20111.6 of the Public Contract Code is amended to read: 20111.6. (a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) or any funds received, including funds reimbursed, from any future state school bond for a public project that involves a projected expenditure of one million dollars ($1,000,000) or more. (b) If the governing board of the school district enters into a contract meeting the criteria of subdivision (a), then the governing board of the school district shall require that prospective bidders for a construction contract complete and submit to the governing board of the school district a standardized prequalification questionnaire and financial statement. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (c) The governing board of the school district shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements. This system shall also apply to a person, firm, or corporation that constructs a building described in Section 17406 or 17407 of the Education Code. (d) The questionnaire and financial statement described in subdivision (b), and the uniform system of rating bidders described in subdivision (c), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. (e) Each prospective bidder shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded. (f) A proposal form required pursuant to subdivision (e) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b) or from any person or other entity that uses a subcontractor that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b), but has not done so at least 10 business days before the date fixed for the public opening of sealed bids or has not been prequalified for at least five business days before that date. The school district may require the completed questionnaire and financial statement for prequalification to be submitted more than 10 business days before the fixed date for the public opening of sealed bids. The school district may also require the prequalification more than five business days before the fixed date. (g) (1) The governing board of the school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly or annual basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (2) The governing board of the school district shall establish a process to prequalify a person, firm, or corporation, including, but not limited to, the prime contractor and, if used, an electrical, mechanical, and plumbing subcontractor, to construct a building described in Section 17406 or 17407 of the Education Code on a quarterly or annual basis. A prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (h) This section shall not preclude the governing board of the school district from prequalifying or disqualifying a subcontractor of any specialty classification described in Section 7058 of the Business and Professions Code. (i) For purposes of this section, bidders shall include both of the following: (1) A prime contractor, as defined in Section 4113, that is either of the following: (A) A general engineering contractor described in Section 7056 of the Business and Professions Code. (B) A general building contractor described in Section 7057 of the Business and Professions Code. (2) If utilized, each electrical, mechanical, and plumbing contractor, whether as a prime contractor or as a subcontractor, as defined in Section 4113. (j) If a public project covered by this section includes electrical, mechanical, or plumbing components that will be performed by electrical, mechanical, or plumbing contractors, a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors shall be made available by the school district to all bidders at least five business days before the dates fixed for the public opening of sealed bids. The school district may require the list to be made available more than five business days before the fixed dates for the public opening of sealed bids. (k) For purposes of this section, electrical, mechanical, and plumbing subcontractors are contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, pursuant to regulations of the Contractors’ State License Board. (l) This section shall not apply to a school district with an average daily attendance of less than 2,500. (m) (1) This section shall apply only to contracts awarded on or after January 1, 2014. (2) The amendments made to this section by the act adding this paragraph shall apply only to contracts awarded on or after January 1, 2015. (n) (1) On or before January 1, 2018, the Director of Industrial Relations shall (A) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (B) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (o) This section shall become inoperative on January 1, 2019, and, as of July 1, 2019, 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. It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges, Inc., and its affiliate institutions, including Heald College, shall be used to repay any funds provided to students pursuant to this act. SEC. 2. Section 69433.61 is added to the Education Code, to read: 69433.61. (a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. (b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. (c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. SEC. 3. Section 69999.19 is added to the Education Code, to read: 69999.19. (a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. (b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. (c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. SEC. 4. Section 94051 is added to the Education Code, to read: 94051. Notwithstanding any provision of law, for a period not to exceed two years from the date of the closure of Corinthian Colleges, Inc., a state agency that provides certification, registration, or licensure necessary to promote the safety and protection of the public may, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of Corinthian Colleges, Inc. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. SEC. 5. Section 94925 of the Education Code is amended to read: 94925. (a) The amount in the Student Tuition Recovery Fund shall not exceed thirty million dollars ($30,000,000) at any time. (b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the thirty million dollar (30,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000). (c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment. SEC. 6. Section 94926.5 is added to the Education Code, to read: 94926.5. (a) The Legislature finds and declares all of the following: (1) Corinthian Colleges, Inc., has been the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. (2) Based on findings of harm to students enrolled at Corinthian Colleges, Inc., campuses, the United States Department of Education has announced debt relief programs to assist students, including all of the following: (A) A student who attended a Corinthian Colleges, Inc., campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently complete a comparable program at another institution. (B) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges, Inc., can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges, Inc., misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014 and is in the process of establishing a specific process for federal loan discharge for these Heald students. (C) A Corinthian student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. (3) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. (4) On October 10, 2013, the Attorney General filed a lawsuit against Corinthian Colleges, Inc., for false and predatory advertising, intentional misrepresentations to students, securities fraud, and unlawful use of military seals in advertisements, in violation of the 2007 final judgment of the Los Angeles Superior Court in the People of the State of California v. Corinthian Schools, Inc. (5) On April 16, 2015, the bureau issued an emergency decision ordering Corinthian Colleges, Inc., to cease enrollment of any new students in all programs at Everest College and WyoTech locations in California effective upon close of business April 23, 2015. (6) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges, Inc., students to obtain federal and private loan discharge and other financial aid relief. (b) Upon appropriation by the Legislature, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations, to assist the eligible students of that closed institution, including veterans, by relieving or mitigating the economic and educational opportunity loss incurred by eligible students of that institution. (c) Services provided by eligible nonprofit community services organizations shall include assistance with loan discharge and other student financial aid, veterans education benefits, loan-related relief, and tuition recovery-related claims. Assistance may include, but is not limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. (d) The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. (e) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: (1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. (2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership with or under the supervision of an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. (3) The organization does not charge students for services, including services provided pursuant to this section. (f) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges, Inc., institution, and who is eligible to apply for debt relief from the United States Department of Education or other student financial aid relief. (g) (1) The bureau shall notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of this section. (2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, provided that the bureau has access to the requested information. (3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (e), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. (h) An eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (g), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General, for return to the Student Tuition Recovery Fund. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. (i) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. (j) (1) An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (g), as applicable, quarterly through the grant period on all of the following: (A) The number of eligible students served pursuant to the grant agreement. (B) A detailed summary of services provided to those students. (C) The number of Student Tuition Recovery Fund claims referred to the bureau. (D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. (E) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. (2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. (3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by August 1, 2018, whichever is earlier. (k) Funds shall be distributed to preapproved nonprofit community service organizations as follows: (1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. (2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. (3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. (l) Eligible nonprofit community service organizations may use grant funds received pursuant to this section to pay the costs of assisting eligible students who have been served after the date of closure until June 30, 2018, or until any later date as may be determined necessary by the Attorney General. (m) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. SEC. 7. (a) The sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. 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 provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, Inc., it is necessary for this act to take effect immediately.
(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. The act caps the amount that may be in the fund at any time at $25,000,000. This bill would raise the cap for the fund to $30,000,000. (2) This bill would appropriate the sum of $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to eligible nonprofit community service organizations to assist eligible students affected by the closure of Corinthian Colleges, Inc., as defined, with loan discharge and other student loan-related requests and tuition recovery-related claims, and to pay an amount not to exceed $150,000 for the reasonable administrative costs of the Attorney General’s office related to these grants, as specified, thereby making an appropriation. The bill would require the bureau to notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of these provisions. The bill would require the Attorney General to, among other things, within 90 days of the notification, solicit grant applications from eligible nonprofit community service organizations, select one or more of these organizations deemed to be qualified, and set additional terms and conditions of the grants as necessary. The bill would set a schedule for how grant funds are to be distributed. The bill would require the grantee to submit specified information to the Attorney General on a quarterly basis, and require the Attorney General to make these reports available to the Legislature and the bureau upon request. The bill would require the Attorney General to provide the Legislature and the bureau a final report summarizing all the information submitted to it by grantees, promptly following the time when all funds are expended by the grantees, or by August, 1, 2018, whichever is earlier. The bill would authorize the Attorney General to contract with another qualified entity to perform the Attorney General’s duties under these provisions. (3) This bill would, for a period not to exceed 2 years from April 27, 2015, authorize state agencies that provide certification, registration, or licensure necessary to promote the safety and protection of the public to, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of that institution. (4) The Cal Grant Program prohibits an applicant from receiving Cal Grant awards totaling in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided. This bill would partially exempt from this limitation on Cal Grant awards a student who was enrolled and received a Cal Grant award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. (5) The California National Guard Education Assistance Award Program authorizes the renewal of California National Guard Education Assistance Awards, for a maximum of the greater of either four years of full-time equivalent enrollment or the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program, if specified conditions are met. This bill would partially exempt from this limitation on California National Guard Education Assistance Awards a student who was enrolled and received a California National Guard Education Assistance Award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. (6) 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. It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges, Inc., and its affiliate institutions, including Heald College, shall be used to repay any funds provided to students pursuant to this act. SEC. 2. Section 69433.61 is added to the Education Code, to read: 69433.61. (a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. (b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. (c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. SEC. 3. Section 69999.19 is added to the Education Code, to read: 69999.19. (a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. (b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. (c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. SEC. 4. Section 94051 is added to the Education Code, to read: 94051. Notwithstanding any provision of law, for a period not to exceed two years from the date of the closure of Corinthian Colleges, Inc., a state agency that provides certification, registration, or licensure necessary to promote the safety and protection of the public may, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of Corinthian Colleges, Inc. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. SEC. 5. Section 94925 of the Education Code is amended to read: 94925. (a) The amount in the Student Tuition Recovery Fund shall not exceed thirty million dollars ($30,000,000) at any time. (b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the thirty million dollar (30,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000). (c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment. SEC. 6. Section 94926.5 is added to the Education Code, to read: 94926.5. (a) The Legislature finds and declares all of the following: (1) Corinthian Colleges, Inc., has been the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. (2) Based on findings of harm to students enrolled at Corinthian Colleges, Inc., campuses, the United States Department of Education has announced debt relief programs to assist students, including all of the following: (A) A student who attended a Corinthian Colleges, Inc., campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently complete a comparable program at another institution. (B) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges, Inc., can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges, Inc., misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014 and is in the process of establishing a specific process for federal loan discharge for these Heald students. (C) A Corinthian student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. (3) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. (4) On October 10, 2013, the Attorney General filed a lawsuit against Corinthian Colleges, Inc., for false and predatory advertising, intentional misrepresentations to students, securities fraud, and unlawful use of military seals in advertisements, in violation of the 2007 final judgment of the Los Angeles Superior Court in the People of the State of California v. Corinthian Schools, Inc. (5) On April 16, 2015, the bureau issued an emergency decision ordering Corinthian Colleges, Inc., to cease enrollment of any new students in all programs at Everest College and WyoTech locations in California effective upon close of business April 23, 2015. (6) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges, Inc., students to obtain federal and private loan discharge and other financial aid relief. (b) Upon appropriation by the Legislature, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations, to assist the eligible students of that closed institution, including veterans, by relieving or mitigating the economic and educational opportunity loss incurred by eligible students of that institution. (c) Services provided by eligible nonprofit community services organizations shall include assistance with loan discharge and other student financial aid, veterans education benefits, loan-related relief, and tuition recovery-related claims. Assistance may include, but is not limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. (d) The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. (e) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: (1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. (2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership with or under the supervision of an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. (3) The organization does not charge students for services, including services provided pursuant to this section. (f) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges, Inc., institution, and who is eligible to apply for debt relief from the United States Department of Education or other student financial aid relief. (g) (1) The bureau shall notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of this section. (2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, provided that the bureau has access to the requested information. (3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (e), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. (h) An eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (g), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General, for return to the Student Tuition Recovery Fund. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. (i) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. (j) (1) An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (g), as applicable, quarterly through the grant period on all of the following: (A) The number of eligible students served pursuant to the grant agreement. (B) A detailed summary of services provided to those students. (C) The number of Student Tuition Recovery Fund claims referred to the bureau. (D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. (E) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. (2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. (3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by August 1, 2018, whichever is earlier. (k) Funds shall be distributed to preapproved nonprofit community service organizations as follows: (1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. (2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. (3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. (l) Eligible nonprofit community service organizations may use grant funds received pursuant to this section to pay the costs of assisting eligible students who have been served after the date of closure until June 30, 2018, or until any later date as may be determined necessary by the Attorney General. (m) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. SEC. 7. (a) The sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. 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 provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, Inc., it is necessary for this act to take effect immediately. ### Summary: This bill appropriates $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to nonprofit
The people of the State of California do enact as follows: SECTION 1. Section 60200 of the Education Code is amended to read: 60200. The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: (a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas: (1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. (2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. (3) Science. (4) Social science. (5) Bilingual or bicultural subjects. (6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. (b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: (1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. (2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section. (3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. (4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas. (5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials. (c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: (1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. (2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content. (3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. (4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted. (5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: (A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. (B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. (6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption. (d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board. (e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: (1) Fewer than five basic instructional materials are submitted. (2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework. (f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. (g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. (h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. (n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board. (o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. SEC. 2. Section 60227 is added to the Education Code, to read: 60227. (a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200. (b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department’s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. (c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. (d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department’s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. (e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full. (f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption. (2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption. (3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. (g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials. (h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption. (i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section. (j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
Existing law requires the State Board of Education to adopt instructional materials for kindergarten and grades 1 to 8, inclusive, and to adopt procedures for the submission of instructional materials, and provides that instructional materials may be submitted for adoption in specified subject areas every 8 years. This bill would instead provide that instructional materials may be submitted for adoption at least once but no more than twice every 8 years. The bill, until January 1, 2024, would require the State Department of Education, before conducting a followup adoption, as defined, in a given subject area to post a notice on the department’s Internet Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area that each publisher and manufacturer choosing to participate in the followup adoption shall be assessed a fee, as specified.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 60200 of the Education Code is amended to read: 60200. The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: (a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas: (1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. (2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. (3) Science. (4) Social science. (5) Bilingual or bicultural subjects. (6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. (b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: (1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. (2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section. (3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. (4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas. (5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials. (c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: (1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. (2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content. (3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. (4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted. (5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: (A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. (B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. (6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption. (d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board. (e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: (1) Fewer than five basic instructional materials are submitted. (2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework. (f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. (g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. (h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. (n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board. (o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. SEC. 2. Section 60227 is added to the Education Code, to read: 60227. (a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200. (b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department’s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. (c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. (d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department’s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. (e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full. (f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption. (2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption. (3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. (g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials. (h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption. (i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section. (j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. ### 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 143.1 of the Labor Code is amended to read: 143.1. (a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives of the applicant are properly notified. The applicant shall also give notice to workers at the place of employment who will be affected by the permanent variance, or representatives of affected employees who may be affected by, or exposed to, hazards by the permanent variance from an occupational safety and health standard. The applicant shall provide certification that the affected employees have been given notice of the request for a permanent variance. (b) Upon request to the board, affected employees or their representatives shall be granted party status to the variance proceeding. (c) All board decisions on a permanent variance shall be final except for a rehearing or judicial review provided for by law. SEC. 2. Section 6450 of the Labor Code is amended to read: 6450. (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. A temporary order shall be granted only if the employer files an application that meets the requirements of Section 6451, and establishes the following: (1) The employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date. (2) The employer is taking all available steps to safeguard employees against the hazards covered by the standard. (3) The employer has an effective program for coming into compliance with the standard as quickly as practicable. (b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes the employer is required to adopt and use while the order is in effect and state in detail a program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and other affected workers as described in Section 6450.5 and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees and other affected workers pending a hearing on the application for a temporary variance. A temporary order shall not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed before the expiration date of the order. A single renewal of an order shall not remain in effect for longer than 180 days. SEC. 3. Section 6450.5 is added to the Labor Code, to read: 6450.5. The employer shall also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazard covered by the standard, by the temporary variance from an occupational safety and health standard. Upon request to the division, or to the standards board upon appeal pursuant to Section 6455, any affected worker, or representative of affected workers, shall be granted party status to the variance proceedings. SEC. 4. Section 6451 of the Labor Code is amended to read: 6451. An application for a temporary order under Section 6450 shall contain all of the following: (a) A specification of the standard or portion thereof from which the employer seeks a variance. (b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor. (c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard. (d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and will take, with dates specified, to come into compliance with the standard. (e) A certification that the employer has informed employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing. (f) A certification that the employer has given notice as required in Section 6450.5. SEC. 5. 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 establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations to adopt, amend, or repeal employment safety standards and laws. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements are met. The California Occupational Safety and Health Act of 1973 also authorizes an employer to apply to the Division of Occupational Safety and Health, that enforces employment safety laws, for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer’s application satisfies specified requirements. Existing law provides that a temporary order may be granted only after notice to employees and an opportunity for a hearing. Existing law specifies the information that an application for a temporary order is required to contain. This bill would require an employer to also give notice to workers at the place of employment who will be affected by a permanent or temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the permanent or temporary variance from an occupational safety and health standard. The bill would require any affected worker, or representative of affected workers, upon request, to be granted party status to the variance proceedings. The bill would require the variance application to include a certification that the employer has given notice to affected workers as required. Because a violation of the new requirements for employers would be a crime under certain circumstances, 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 143.1 of the Labor Code is amended to read: 143.1. (a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives of the applicant are properly notified. The applicant shall also give notice to workers at the place of employment who will be affected by the permanent variance, or representatives of affected employees who may be affected by, or exposed to, hazards by the permanent variance from an occupational safety and health standard. The applicant shall provide certification that the affected employees have been given notice of the request for a permanent variance. (b) Upon request to the board, affected employees or their representatives shall be granted party status to the variance proceeding. (c) All board decisions on a permanent variance shall be final except for a rehearing or judicial review provided for by law. SEC. 2. Section 6450 of the Labor Code is amended to read: 6450. (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. A temporary order shall be granted only if the employer files an application that meets the requirements of Section 6451, and establishes the following: (1) The employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date. (2) The employer is taking all available steps to safeguard employees against the hazards covered by the standard. (3) The employer has an effective program for coming into compliance with the standard as quickly as practicable. (b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes the employer is required to adopt and use while the order is in effect and state in detail a program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and other affected workers as described in Section 6450.5 and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees and other affected workers pending a hearing on the application for a temporary variance. A temporary order shall not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed before the expiration date of the order. A single renewal of an order shall not remain in effect for longer than 180 days. SEC. 3. Section 6450.5 is added to the Labor Code, to read: 6450.5. The employer shall also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazard covered by the standard, by the temporary variance from an occupational safety and health standard. Upon request to the division, or to the standards board upon appeal pursuant to Section 6455, any affected worker, or representative of affected workers, shall be granted party status to the variance proceedings. SEC. 4. Section 6451 of the Labor Code is amended to read: 6451. An application for a temporary order under Section 6450 shall contain all of the following: (a) A specification of the standard or portion thereof from which the employer seeks a variance. (b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor. (c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard. (d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and will take, with dates specified, to come into compliance with the standard. (e) A certification that the employer has informed employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing. (f) A certification that the employer has given notice as required in Section 6450.5. SEC. 5. 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 1250.8 of the Health and Safety Code is amended to read: 1250.8. (a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care. (b) The issuance of a single consolidated license shall be based on the following criteria: (1) There is a single governing body for all the facilities maintained and operated by the licensee. (2) There is a single administration for all the facilities maintained and operated by the licensee. (3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure. (4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances: (A) One or more of the physical plants is located in a rural area, as defined by regulations of the director. (B) One or more of the physical plants provides only outpatient services, as defined by the department. (C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700. (D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria: (i) The applicant is a nonprofit corporation. (ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code. (iii) The applicant is affiliated with a major university medical school and located adjacent thereto. (iv) The applicant operates a regional tertiary care facility. (v) One of the physical plants is located in a county that has a consolidated and county government structure. (vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000. (vii) The applicant is located in a city with a population between 50,000 and 100,000. (c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually. (d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license: (1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need. (2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following: (A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility. Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility. Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. (e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator. (f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section. (g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code. (h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section. (i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities: (1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a). (2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature. A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license. (j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license. (k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations. (l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center. (m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus. (n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows: (A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland. (B) The number of Medi-Cal payment days calculated for hospital beds located at the John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement. (2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other. SEC. 2. Section 1255.15 is added to the Health and Safety Code, to read: 1255.15. (a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital’s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital’s location or locations. (b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations if located not more than 15 miles apart from the acquiring hospital. (c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision. SEC. 3. Section 128700 of the Health and Safety Code is amended to read: 128700. As used in this chapter, the following terms mean: (a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic. (b) “Emergency department” means, in with respect to a hospital licensed to provide emergency medical services, the location in which those services are provided. (c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. (d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. (e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (f) “Hospital” means all health facilities except skilled nursing, intermediate care, and congregate living health facilities. (g) “Office” means the Office of Statewide Health Planning and Development. (h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors.
Existing law requires the State Department of Public Health to issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises if all applicable requirements of licensure, as specified, are satisfied. Under existing law, the physical plants maintained and operated under a general acute care hospital’s single consolidated license must be located no more than 15 miles apart, unless a specified exception applies. This bill would create an exception to permit a general acute care hospital to operate an emergency department located more than 15 miles from its main physical plant, if all applicable requirements of licensure are satisfied. The bill would also permit a closing general acute care hospital’s emergency department to continue to be operated at the same location or locations by an acquiring general acute care hospital, as specified. The bill would create an exception to permit the acquiring general acute care hospital to operate the closing general acute care hospital’s emergency department at that location or locations, even if located more than 15 miles from the acquiring general acute care hospital’s main physical plant, if all applicable requirements of licensure are satisfied.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1250.8 of the Health and Safety Code is amended to read: 1250.8. (a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care. (b) The issuance of a single consolidated license shall be based on the following criteria: (1) There is a single governing body for all the facilities maintained and operated by the licensee. (2) There is a single administration for all the facilities maintained and operated by the licensee. (3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure. (4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances: (A) One or more of the physical plants is located in a rural area, as defined by regulations of the director. (B) One or more of the physical plants provides only outpatient services, as defined by the department. (C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700. (D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria: (i) The applicant is a nonprofit corporation. (ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code. (iii) The applicant is affiliated with a major university medical school and located adjacent thereto. (iv) The applicant operates a regional tertiary care facility. (v) One of the physical plants is located in a county that has a consolidated and county government structure. (vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000. (vii) The applicant is located in a city with a population between 50,000 and 100,000. (c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually. (d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license: (1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need. (2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following: (A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility. Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility. Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. (e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator. (f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section. (g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code. (h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section. (i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities: (1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a). (2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature. A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license. (j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license. (k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations. (l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center. (m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus. (n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows: (A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland. (B) The number of Medi-Cal payment days calculated for hospital beds located at the John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement. (2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other. SEC. 2. Section 1255.15 is added to the Health and Safety Code, to read: 1255.15. (a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital’s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital’s location or locations. (b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations if located not more than 15 miles apart from the acquiring hospital. (c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision. SEC. 3. Section 128700 of the Health and Safety Code is amended to read: 128700. As used in this chapter, the following terms mean: (a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic. (b) “Emergency department” means, in with respect to a hospital licensed to provide emergency medical services, the location in which those services are provided. (c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. (d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. (e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (f) “Hospital” means all health facilities except skilled nursing, intermediate care, and congregate living health facilities. (g) “Office” means the Office of Statewide Health Planning and Development. (h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Research points to a strong connection between mental wellness and academic achievement. (2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement. (3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child’s mental health has significant effects on his or her school achievement and life outcomes. (4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty. (5) California’s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school. (6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils’ lack of access to support for mental health concerns. (7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association’s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority. (8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns. (9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns. (b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs. SEC. 2. Section 33319.6 is added to the Education Code, to read: 33319.6. (a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate. (b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following: (1) Address the appropriate and timely referral by school staff of pupils with mental health concerns. (2) Reflect a multitiered system of support processes and positive behavioral interventions and supports. (3) Be adaptable to varied local service arrangements for mental health services. (4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral. (5) Address the inclusion of parents and guardians in the referral process. (6) Be written to ensure clarity and ease of use by certificated and classified school employees. (7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. (8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so. (9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs. (c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b). (d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. (e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section.
Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools, and encourages school safety plans to include clear guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, as specified. This bill would require the State Department of Education to develop model referral protocols, as provided, for addressing pupil mental health concerns. The bill would require the department to consult with various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its Internet Web site. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. The bill would also state various findings and declarations of the Legislature relating to pupil mental health.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Research points to a strong connection between mental wellness and academic achievement. (2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement. (3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child’s mental health has significant effects on his or her school achievement and life outcomes. (4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty. (5) California’s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school. (6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils’ lack of access to support for mental health concerns. (7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association’s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority. (8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns. (9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns. (b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs. SEC. 2. Section 33319.6 is added to the Education Code, to read: 33319.6. (a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate. (b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following: (1) Address the appropriate and timely referral by school staff of pupils with mental health concerns. (2) Reflect a multitiered system of support processes and positive behavioral interventions and supports. (3) Be adaptable to varied local service arrangements for mental health services. (4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral. (5) Address the inclusion of parents and guardians in the referral process. (6) Be written to ensure clarity and ease of use by certificated and classified school employees. (7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. (8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so. (9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs. (c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b). (d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. (e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section. ### Summary: This bill would require the Department of Education to develop model referral protocols for addressing pupil mental health concerns. The bill would also require the department to post the protocols on
The people of the State of California do enact as follows: SECTION 1. Section 79707.5 is added to the Water Code, to read: 79707.5. In furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs. SECTION 1. Chapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the Government Code , to read: 11.2. State Facilities Renewal Bond Act of 2016 1. General Provisions 8852. This chapter shall be known as the State Facilities Renewal Bond Act of 2016. 8852.1. As used in this chapter, the following terms have the following meanings: (a)“Committee” means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31. (b)“Fund” means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2. (c)“State agency” means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council. (d)“Deferred maintenance projects” means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition. 2. State Facilities Renewal Bond Fund and Program 8852.2. (a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency’s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years. (b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal. (1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature: (A)The administration’s methodology for allocating the bond funds among the various state agencies. (B)The criteria used for establishing deferred maintenance project funding priorities. (2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature: (A)The agency’s total deferred maintenance backlog. (B)The agency’s deferred maintenance expenditures in the prior fiscal year. (C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation. (D)The agency’s expenditures in the prior fiscal year for maintenance other than deferred maintenance. (E)The extent to which the agency’s current budget for maintenance is insufficient to prevent an increase in the agency’s deferred maintenance backlog. 3. Fiscal 8852.3. Bonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued. 8852.31. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727. 8852.32. (a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives. (b)The Treasurer shall serve as chairperson of the committee. (c)A majority of the committee may act for the committee. 8852.33. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 8852.34. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. 8852.35. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years. 8852.36. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. 8852.37. All moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 8852.38. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. 8852.39. The committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. 8852.40. 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, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. 8852.41. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 8852.42. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter 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. SEC. 2. Section 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act. SEC. 3. Section 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.
Existing law, 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. The act provides that it is the intent of the people that, to the extent practicable, a project supported by the funds made available by the act will include signage informing the public that the project received funds from the act. This bill would require certain recipients of funding pursuant to the act to post signs acknowledging the source of funds in accordance with guidelines that the Secretary of the Natural Resources Agency would be required to develop. The annual Budget Act appropriates funds to state agencies for operations as part of their respective agency budgets. Existing law requires the Department of General Services to report to the Legislature, as specified, on expenditures for seismic hazard abatement for state buildings and facilities, in connection with the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. This bill would enact the State Facilities Renewal Bond Act of 2016, which, if adopted by the voters at the June 7, 2016, statewide primary election, would authorize the issuance of bonds in the amount of $2,000,000,000, pursuant to the State General Obligation Bond Law, to finance deferred maintenance on state-owned property, subject to appropriation by the Legislature in the annual Budget Act.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 79707.5 is added to the Water Code, to read: 79707.5. In furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs. SECTION 1. Chapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the Government Code , to read: 11.2. State Facilities Renewal Bond Act of 2016 1. General Provisions 8852. This chapter shall be known as the State Facilities Renewal Bond Act of 2016. 8852.1. As used in this chapter, the following terms have the following meanings: (a)“Committee” means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31. (b)“Fund” means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2. (c)“State agency” means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council. (d)“Deferred maintenance projects” means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition. 2. State Facilities Renewal Bond Fund and Program 8852.2. (a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency’s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years. (b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal. (1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature: (A)The administration’s methodology for allocating the bond funds among the various state agencies. (B)The criteria used for establishing deferred maintenance project funding priorities. (2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature: (A)The agency’s total deferred maintenance backlog. (B)The agency’s deferred maintenance expenditures in the prior fiscal year. (C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation. (D)The agency’s expenditures in the prior fiscal year for maintenance other than deferred maintenance. (E)The extent to which the agency’s current budget for maintenance is insufficient to prevent an increase in the agency’s deferred maintenance backlog. 3. Fiscal 8852.3. Bonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued. 8852.31. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727. 8852.32. (a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives. (b)The Treasurer shall serve as chairperson of the committee. (c)A majority of the committee may act for the committee. 8852.33. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 8852.34. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. 8852.35. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years. 8852.36. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. 8852.37. All moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 8852.38. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. 8852.39. The committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. 8852.40. 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, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. 8852.41. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 8852.42. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter 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. SEC. 2. Section 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act. SEC. 3. Section 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters. ### Summary: This bill authorizes the issuance of $2 billion in general obligation bonds to fund deferred maintenance projects on state-owned property. The bill subdivides the bond proceeds into
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation’s leader in technology and related industries. (b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner. (c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest. (d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better and be more streamlined for its citizens would permit the state to utilize this creativity for the benefit of all its citizens. (e) Establishing a professionals in public service program, in program within a California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient. SEC. 2. (a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses. (b)The Legislative Analyst and the California State Auditor shall report the work group’s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code. (c)This section is repealed on January 1, 2017. SEC. 2. Article 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 7. Entrepreneur-in-Residence Act of 2016 12100.1. This article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016. 12100.2. As used in this article, the following terms shall have the following meanings: (a) “Agency” means any state agency, department, or commission. (b) “Entrepreneur-in-residence” means an individual appointed to a position under the program. (c) “Office” means the Government Operations Agency. (d) “Program” means the entrepreneur-in-residence program, as established by this article. (e) “Secretary” means the Secretary of the Government Operations Agency, or his or her designee. 12100.3. (a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. (b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency. (2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications: (A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs. (B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed. (c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following: (1) A process for engaging with and receiving approval from state agencies about prospective appointments. (2) A process for screening prospective appointees, including checking background and references. (3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter. (d) As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c). (e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement. (f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year. (g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years. 12100.4. (a) An entrepreneur-in-residence shall have all of the following duties: (1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency. (2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs. (3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following: (A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving. (B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses. (C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving. (b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties. (c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations. 12100.5. (a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations. (b) (1)   The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following: (A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding. (B) A general summary on how the overall program is addressing the goals of the program, which are as follows: (i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs. (ii) Providing for better outreach by the state to the private sector. (iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns. (2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5. (3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence.
Existing law establishes within the Governor’s office the Government Operations Agency, which consists of several state agencies, including the Department of General Services and the Department of Technology, and is governed by the Secretary of Government Operations. This bill would enact the Entrepreneur-in-Residence Act of 2016, which would establish the state entrepreneur-in-residence program within the Government Operations Agency for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. The program would authorize the Secretary of Government Operations to appoint a maximum of 10 persons each year to serve within a state agency as an entrepreneur-in-residence, with duties as established in the bill, on a voluntary basis. The bill would require the secretary to accept appointment applications for the position of an entrepreneur-in-residence and to establish prescribed procedures for complying with the bill no later than March 1, 2017. The bill would also require the secretary to establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations, and to report on the program to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy, as specified. Existing law establishes the California State Auditor’s Office within state government under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. Existing law makes that office independent of the executive branch and legislative control and places it under the direction of the California State Auditor. Existing law establishes the Joint Legislative Budget Committee consisting of 8 Members of the Senate and 8 Members of the Assembly, authorizes the committee to appoint the Legislative Analyst, and sets forth his or her duties. This bill would require the Legislative Analyst and the California State Auditor to convene a work group for the purposes of determining the most appropriate state agency to house a pilot professionals in public service program with the goal of making state government activities and practices more streamlined and accessible to small businesses. The bill would require that the recommendations of the work group be reported to the Legislature by December 31, 2016, and would repeal these provisions on January 1, 2017,
<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) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation’s leader in technology and related industries. (b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner. (c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest. (d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better and be more streamlined for its citizens would permit the state to utilize this creativity for the benefit of all its citizens. (e) Establishing a professionals in public service program, in program within a California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient. SEC. 2. (a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses. (b)The Legislative Analyst and the California State Auditor shall report the work group’s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code. (c)This section is repealed on January 1, 2017. SEC. 2. Article 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 7. Entrepreneur-in-Residence Act of 2016 12100.1. This article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016. 12100.2. As used in this article, the following terms shall have the following meanings: (a) “Agency” means any state agency, department, or commission. (b) “Entrepreneur-in-residence” means an individual appointed to a position under the program. (c) “Office” means the Government Operations Agency. (d) “Program” means the entrepreneur-in-residence program, as established by this article. (e) “Secretary” means the Secretary of the Government Operations Agency, or his or her designee. 12100.3. (a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. (b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency. (2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications: (A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs. (B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed. (c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following: (1) A process for engaging with and receiving approval from state agencies about prospective appointments. (2) A process for screening prospective appointees, including checking background and references. (3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter. (d) As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c). (e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement. (f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year. (g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years. 12100.4. (a) An entrepreneur-in-residence shall have all of the following duties: (1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency. (2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs. (3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following: (A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving. (B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses. (C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving. (b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties. (c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations. 12100.5. (a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations. (b) (1)   The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following: (A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding. (B) A general summary on how the overall program is addressing the goals of the program, which are as follows: (i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs. (ii) Providing for better outreach by the state to the private sector. (iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns. (2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5. (3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence. ### Summary: This bill establishes a program within the Government Operations Agency to appoint entrepreneurs to serve as advisors to state agencies. The bill requires the Government Operations Agency to report on the
The people of the State of California do enact as follows: SECTION 1. The heading of Chapter 5 (commencing with Section 10600) of Part 2 of Division 2 of Title 2 of the Government Code is amended to read: CHAPTER 5. Joint Pension Administration and Sustainability Committee SEC. 2. Section 10600 of the Government Code is amended to read: 10600. (a) The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex systems that all share the distinctive feature of being organized to achieve results over the 30- to 40-year time frame that corresponds to the typical length of workers’ careers. (b) These pension systems are organized and administered under highly technical statutes and protected by constitutional provisions. Certain provisions in the California Constitution, which are patterned upon the Employee Retirement Income Security Act, commonly known as ERISA, require that pension funds be invested for the sole interests of the beneficiaries and for the exclusive purpose of providing benefits and establish a standard of conduct that makes persons managing the pension systems fiduciaries with respect to how they manage the money. (c) Development and change in these systems are interrelated and have important long-range implications both with respect to cost and to the retirement expectations of public employees and also the state and national economy, as the ability of persons to enter into retirement with a source of income to spend on goods and services in retirement provides an important source of demand for goods and services during economic downturns to assist eventual recovery as well as assisting the ability of public entities to transition their workforces to younger entry level employees as older workers are able to retire even during an economic downturn, thereby creating openings. (d) The Legislature recognizes the need to coordinate this change and development and for continuing study and analysis of these systems and legislation affecting them. (e) Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee. SEC. 3. Section 10601 of the Government Code is amended to read: 10601. (a) The Joint Pension Administration and Sustainability Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments, and procedures of, and all legislation relating to, the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement, and make reports and recommendations thereon to both houses of the Legislature and its respective houses. Legislature. The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during sessions of the Legislature, or any recess thereof, and in the interim period between sessions. A copy of each bill that affects any public employee retirement system shall be transmitted to the committee, and the committee shall transmit an analysis, including an actuarial opinion if appropriate, to the policy committee responsible for the bill. (b) A report submitted pursuant to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795. SEC. 4. Section 10602 of the Government Code is amended to read: 10602. The committee shall consist of a member from each of the following Senate committees: Banking and Financial Institutions, Governance and Finance, Health, Insurance, Labor and Industrial Relations, and Public Employment and Retirement, and a member from each of the following Assembly committees: Accountability and Administrative Review, Banking and Finance, Insurance, Labor and Employment, Local Government, Public Employees, Retirement and Social Security, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election. SEC. 5. Section 10605 of the Government Code is amended to read: 10605. (a) The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and of the Teachers’ Retirement Board of the Teachers’ Retirement System, the president and chairperson of those boards, respectively, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund. (b) The committee shall retain as consultants to the board of experts an independent actuary actuary, a legal advisor recognized for expertise in pension and investment law law, and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets. (c) The board of experts shall be reimbursed for its actual and necessary expenses. SEC. 6. Section 10606 of the Government Code is amended to read: 10606. (a) There shall be held during the last week of March of each year a joint meeting of the Joint Pension Administration and Sustainability Committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting. (b) (1) At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee. (2) A report submitted pursuant to paragraph (2) (1) shall be submitted in compliance with Section 9795.
Existing law creates the Joint Legislative Retirement Committee, prescribes the composition of the committee, and requires the committee to study and review the benefits, programs, actuarial condition, practices, investments and procedures of, and all legislation relating to, retirement systems for public officers and employees in this state as well as trends in the field of retirement. Existing law requires a copy of each bill that affects any public employee retirement system to be transmitted to the committee. Existing law requires the committee to establish a board of experts, the composition of which is prescribed, and to retain an independent actuary as a consultant to the board of experts. Existing law makes a statement of legislative findings in this regard. This bill would rename the committee the Joint Pension Administration and Sustainability Committee and, in addition to the duties described above, would require the committee to make reports and recommendations to the Legislature and its respective houses on these retirement issues. The bill would revise the composition of the committee to reflect current legislative practice. The bill would require the committee to transmit an analysis for each bill submitted to it, including an actuarial opinion if appropriate, to the policy committee that is responsible for the bill. The bill would require the committee to retain a legal advisor recognized for expertise in pension and investment law and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets to act as consultants to its board of experts. The bill would revise the statement of legislative findings associated with these provisions.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The heading of Chapter 5 (commencing with Section 10600) of Part 2 of Division 2 of Title 2 of the Government Code is amended to read: CHAPTER 5. Joint Pension Administration and Sustainability Committee SEC. 2. Section 10600 of the Government Code is amended to read: 10600. (a) The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex systems that all share the distinctive feature of being organized to achieve results over the 30- to 40-year time frame that corresponds to the typical length of workers’ careers. (b) These pension systems are organized and administered under highly technical statutes and protected by constitutional provisions. Certain provisions in the California Constitution, which are patterned upon the Employee Retirement Income Security Act, commonly known as ERISA, require that pension funds be invested for the sole interests of the beneficiaries and for the exclusive purpose of providing benefits and establish a standard of conduct that makes persons managing the pension systems fiduciaries with respect to how they manage the money. (c) Development and change in these systems are interrelated and have important long-range implications both with respect to cost and to the retirement expectations of public employees and also the state and national economy, as the ability of persons to enter into retirement with a source of income to spend on goods and services in retirement provides an important source of demand for goods and services during economic downturns to assist eventual recovery as well as assisting the ability of public entities to transition their workforces to younger entry level employees as older workers are able to retire even during an economic downturn, thereby creating openings. (d) The Legislature recognizes the need to coordinate this change and development and for continuing study and analysis of these systems and legislation affecting them. (e) Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee. SEC. 3. Section 10601 of the Government Code is amended to read: 10601. (a) The Joint Pension Administration and Sustainability Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments, and procedures of, and all legislation relating to, the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement, and make reports and recommendations thereon to both houses of the Legislature and its respective houses. Legislature. The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during sessions of the Legislature, or any recess thereof, and in the interim period between sessions. A copy of each bill that affects any public employee retirement system shall be transmitted to the committee, and the committee shall transmit an analysis, including an actuarial opinion if appropriate, to the policy committee responsible for the bill. (b) A report submitted pursuant to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795. SEC. 4. Section 10602 of the Government Code is amended to read: 10602. The committee shall consist of a member from each of the following Senate committees: Banking and Financial Institutions, Governance and Finance, Health, Insurance, Labor and Industrial Relations, and Public Employment and Retirement, and a member from each of the following Assembly committees: Accountability and Administrative Review, Banking and Finance, Insurance, Labor and Employment, Local Government, Public Employees, Retirement and Social Security, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election. SEC. 5. Section 10605 of the Government Code is amended to read: 10605. (a) The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and of the Teachers’ Retirement Board of the Teachers’ Retirement System, the president and chairperson of those boards, respectively, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund. (b) The committee shall retain as consultants to the board of experts an independent actuary actuary, a legal advisor recognized for expertise in pension and investment law law, and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets. (c) The board of experts shall be reimbursed for its actual and necessary expenses. SEC. 6. Section 10606 of the Government Code is amended to read: 10606. (a) There shall be held during the last week of March of each year a joint meeting of the Joint Pension Administration and Sustainability Committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting. (b) (1) At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee. (2) A report submitted pursuant to paragraph (2) (1) shall be submitted in compliance with Section 9795. ### 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 3.67 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 3.67. Online Child Care Job Posting Services 1597.80. For purposes of this chapter, the following definitions apply: (a) “Online child care job posting service” means any person or business that provides or offers to provide parents or child care consumers with lists of, or profile information regarding, child care providers who are not required to be licensed pursuant to Section 1596.792, who are commonly referred to as nannies or babysitters, or a person or business that has an Internet Web site platform for these child care providers to publicize their availability to provide care or supervision of children. (b) “Owner” means to a person or business that provides or offers an online child care job posting service. 1597.81. (a) An online child care job posting service posting information on an Internet Web site shall include the following information regarding each child care provider profile or Internet Web page that lists child care provider information: (1) A description of the trustline registry pursuant to Section 1596.60 with the following statement: “Trustline is California’s official background check for child care providers that are not required to be licensed (i.e. babysitters and nannies). It is the only authorized screening program for babysitters and nannies in the state with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the Child Abuse Central Index”. (2) The trustline registry toll-free number: 1-800-822-8490. (3) A link to the trustline registry: Web site www.trustline.org. (4) A description of the availability of free child care referrals in every county with the following statement: “In every county, the state-funded child care resource and referral program (R&R) provides free child care planning services that include child care referrals to licensed caregivers, and information on choosing child care, community resources, and help paying for child care. To find your local R&R call 1-800-KIDS-793.” (5) The child care connection toll-free number: 1-800-KIDS-793. (6) The child care connection Web site: www.mychildcareplan.org. (7) The following statement about Oliver’s Law (enacted by Chapter 545 of the Statutes of 2006): “Pursuant to Oliver’s Law, parents have the right to receive information regarding any substantiated or inconclusive complaint about any child care provider. That information is public and can be acquired by calling a local licensing office. Contact information for the local licensing office can be obtained by calling 1-800-KIDS-793 or by visiting www.ccld.ca.gov.” (b) If the online child care job listing service provides a background check for the child care providers listed on its site or provides the ability for parents to request a background check using a background check service contracted by or referred by the owner of the Web site, the Internet Web site shall provide by means of a one-click link on each child care provider profile or Internet Web page that lists the child care provider’s information, a written description of the background check offered or provided that includes at a minimum: (1) An easy-to-understand overview of what is included in the background check and what is not included. (2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: (A) The source of the data, the name of the database used, and a brief description of the data included in the database. (B) The date range of the oldest data and the most recent data included. (C) How often the information is updated. (D) How the databases are checked (i.e. by name, social security number, fingerprints, etc.). (E) A clear indication in the chart that notes the counties for which no data is available. (F) A summary statement that clearly communicates the number of counties for which there is no background check data available. (3) A list of any statewide or national background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). (4) A list of any other background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). 1597.82. (a) Upon a complaint received by the Community Care Licensing Division, the department shall review the Internet Web site named in the complaint. If the department determines that an online child care job posting service is in violation of this chapter or any rules or regulations promulgated under this chapter, a notice of violation shall be served upon the owner using the contact information provided on the Internet Web site. Each notice of violation shall be in writing and shall specify the nature of the violation and the statute, rule, or regulation alleged to have been violated, describe the opportunity for a fair hearing pursuant to regulations developed by the department consistent with the requirements described in subdivision (b), and specify the potential fine that may be imposed for a second or third violation pursuant to subdivision (c). (b) In the first case of alleged noncompliance, the department shall provide written notice of the violation to the owner. The owner shall have 30 calendar days to correct the violation or request a hearing on the matter. If the owner has evidence that the site in question is in compliance, the owner shall submit proof of that compliance directly to the department. Evidence of compliance may be in the form of printouts, Internet Web links, screen shots, or other means determined to be acceptable by the department. The department shall develop regulations to govern the notice, the hearing, and the submission of evidence, for purposes of this section, consistent with due process. (c) For second and subsequent violations, after reasonable notice and time to correct the violation, and the opportunity for a fair hearing on the matter, pursuant to regulations developed by the department, if the owner is found to be in violation of this chapter, the department shall impose a fine of one thousand dollars ($1,000) per violation. (d) Any fines and penalties imposed and collected pursuant to this chapter shall be deposited into the Child Health and Safety Fund, as described in Section 18285.
Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who have undergone criminal background checks. These providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate the funds, upon appropriation by the Legislature, for purposes that include site visits of day care centers and family day care homes. This bill would require an online child care job posting service to include specified information regarding each child care provider on the Internet Web site profile or page that lists child care provider information, including a description of the trustline registry and the toll-free telephone number and the link to the Internet Web site for the registry, a description of the availability of free child care referrals in every county, and, if the service provides background checks, an easy-to-understand overview of what is included in the background check and what is not included. The bill would impose a fine of $1,000 for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would provide that fines collected pursuant to these provisions would be deposited in the Child Health and Safety Fund. The bill would also require the department to develop regulations for these purposes as specified.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 3.67 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 3.67. Online Child Care Job Posting Services 1597.80. For purposes of this chapter, the following definitions apply: (a) “Online child care job posting service” means any person or business that provides or offers to provide parents or child care consumers with lists of, or profile information regarding, child care providers who are not required to be licensed pursuant to Section 1596.792, who are commonly referred to as nannies or babysitters, or a person or business that has an Internet Web site platform for these child care providers to publicize their availability to provide care or supervision of children. (b) “Owner” means to a person or business that provides or offers an online child care job posting service. 1597.81. (a) An online child care job posting service posting information on an Internet Web site shall include the following information regarding each child care provider profile or Internet Web page that lists child care provider information: (1) A description of the trustline registry pursuant to Section 1596.60 with the following statement: “Trustline is California’s official background check for child care providers that are not required to be licensed (i.e. babysitters and nannies). It is the only authorized screening program for babysitters and nannies in the state with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the Child Abuse Central Index”. (2) The trustline registry toll-free number: 1-800-822-8490. (3) A link to the trustline registry: Web site www.trustline.org. (4) A description of the availability of free child care referrals in every county with the following statement: “In every county, the state-funded child care resource and referral program (R&R) provides free child care planning services that include child care referrals to licensed caregivers, and information on choosing child care, community resources, and help paying for child care. To find your local R&R call 1-800-KIDS-793.” (5) The child care connection toll-free number: 1-800-KIDS-793. (6) The child care connection Web site: www.mychildcareplan.org. (7) The following statement about Oliver’s Law (enacted by Chapter 545 of the Statutes of 2006): “Pursuant to Oliver’s Law, parents have the right to receive information regarding any substantiated or inconclusive complaint about any child care provider. That information is public and can be acquired by calling a local licensing office. Contact information for the local licensing office can be obtained by calling 1-800-KIDS-793 or by visiting www.ccld.ca.gov.” (b) If the online child care job listing service provides a background check for the child care providers listed on its site or provides the ability for parents to request a background check using a background check service contracted by or referred by the owner of the Web site, the Internet Web site shall provide by means of a one-click link on each child care provider profile or Internet Web page that lists the child care provider’s information, a written description of the background check offered or provided that includes at a minimum: (1) An easy-to-understand overview of what is included in the background check and what is not included. (2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: (A) The source of the data, the name of the database used, and a brief description of the data included in the database. (B) The date range of the oldest data and the most recent data included. (C) How often the information is updated. (D) How the databases are checked (i.e. by name, social security number, fingerprints, etc.). (E) A clear indication in the chart that notes the counties for which no data is available. (F) A summary statement that clearly communicates the number of counties for which there is no background check data available. (3) A list of any statewide or national background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). (4) A list of any other background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). 1597.82. (a) Upon a complaint received by the Community Care Licensing Division, the department shall review the Internet Web site named in the complaint. If the department determines that an online child care job posting service is in violation of this chapter or any rules or regulations promulgated under this chapter, a notice of violation shall be served upon the owner using the contact information provided on the Internet Web site. Each notice of violation shall be in writing and shall specify the nature of the violation and the statute, rule, or regulation alleged to have been violated, describe the opportunity for a fair hearing pursuant to regulations developed by the department consistent with the requirements described in subdivision (b), and specify the potential fine that may be imposed for a second or third violation pursuant to subdivision (c). (b) In the first case of alleged noncompliance, the department shall provide written notice of the violation to the owner. The owner shall have 30 calendar days to correct the violation or request a hearing on the matter. If the owner has evidence that the site in question is in compliance, the owner shall submit proof of that compliance directly to the department. Evidence of compliance may be in the form of printouts, Internet Web links, screen shots, or other means determined to be acceptable by the department. The department shall develop regulations to govern the notice, the hearing, and the submission of evidence, for purposes of this section, consistent with due process. (c) For second and subsequent violations, after reasonable notice and time to correct the violation, and the opportunity for a fair hearing on the matter, pursuant to regulations developed by the department, if the owner is found to be in violation of this chapter, the department shall impose a fine of one thousand dollars ($1,000) per violation. (d) Any fines and penalties imposed and collected pursuant to this chapter shall be deposited into the Child Health and Safety Fund, as described in Section 18285. ### Summary: This bill would add a new chapter to the Health and Safety Code, to require online child care job posting services to include certain information on their Internet Web sites.
The people of the State of California do enact as follows: SECTION 1. Section 82013 of the Government Code is amended to read: 82013. “Committee” means any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year. (b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or (c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214. SEC. 2. Section 82036 of the Government Code is amended to read: 82036. “Late contribution” means any of the following: (a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. (b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election. SEC. 3. Section 82036.5 of the Government Code is amended to read: 82036.5. “Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. SEC. 4. Section 84101 of the Government Code is amended to read: 84101. (a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate. (b) In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. (c) If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204. (d) For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidate’s personal funds. SEC. 5. Section 84103 of the Government Code is amended to read: 84103. (a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. (b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed: (1) The name of the committee. (2) The name of the treasurer or other principal officers. (3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly. The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committee’s name and identification number. A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner. SEC. 6. Section 84200.5 of the Government Code is repealed. SEC. 7. Section 84200.5 is added to the Government Code, to read: 84200.5. In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows: (a) All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8. (b) All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8. (c) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. (d) A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement. (e) A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committee’s jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. (f) During an election period for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board: (1) All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9. (2) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. (3) However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9. SEC. 8. Section 84200.6 of the Government Code is amended to read: 84200.6. In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports: (a) Late contribution reports, when required by Section 84203. (b) Late independent expenditure reports, when required by Section 84204. SEC. 9. Section 84200.7 of the Government Code is repealed. SEC. 10. Section 84202.5 of the Government Code is repealed. SEC. 11. Section 84203.5 of the Government Code is repealed. SEC. 12. Section 84206 of the Government Code is amended to read: 84206. (a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year. (b) For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidate’s personal funds. (c) Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement. SEC. 13. Section 84207 of the Government Code is amended to read: 84207. (a) An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title. (b) Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year. SEC. 14. Section 84218 of the Government Code is amended to read: 84218. (a) A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. (b) In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. (c) A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section. In addition, slate mailer organizations shall file campaign reports as follows: (1) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215. (2) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215. (3) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215. (4) Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State. SEC. 15. Section 85201 of the Government Code is amended to read: 85201. (a) Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state. (b) As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103. (c) All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidate’s controlled committee shall be deposited in the account. (d) Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure. (e) All campaign expenditures shall be made from the account. (f) Subdivisions (d) and (e) do not apply to a candidate’s payment for a filing fee and statement of qualifications from his or her personal funds. (g) This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidate’s payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made. (h) An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information. SEC. 16. 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. 17. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements. This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports. The act defines “committee” to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines “late contributions” and “late independent expenditures” for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election. This bill would revise the definition of “committee” by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons. This bill would revise the definitions of “late contributions” and “late independent expenditures” to specify that those terms also include contributions and independent expenditures that are made on the date of the election. The bill would also make conforming changes. A violation of the act’s provisions is punishable as a misdemeanor. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 82013 of the Government Code is amended to read: 82013. “Committee” means any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year. (b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or (c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214. SEC. 2. Section 82036 of the Government Code is amended to read: 82036. “Late contribution” means any of the following: (a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. (b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election. SEC. 3. Section 82036.5 of the Government Code is amended to read: 82036.5. “Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. SEC. 4. Section 84101 of the Government Code is amended to read: 84101. (a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate. (b) In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. (c) If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204. (d) For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidate’s personal funds. SEC. 5. Section 84103 of the Government Code is amended to read: 84103. (a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. (b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed: (1) The name of the committee. (2) The name of the treasurer or other principal officers. (3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly. The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committee’s name and identification number. A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner. SEC. 6. Section 84200.5 of the Government Code is repealed. SEC. 7. Section 84200.5 is added to the Government Code, to read: 84200.5. In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows: (a) All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8. (b) All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8. (c) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. (d) A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement. (e) A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committee’s jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. (f) During an election period for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board: (1) All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9. (2) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. (3) However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9. SEC. 8. Section 84200.6 of the Government Code is amended to read: 84200.6. In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports: (a) Late contribution reports, when required by Section 84203. (b) Late independent expenditure reports, when required by Section 84204. SEC. 9. Section 84200.7 of the Government Code is repealed. SEC. 10. Section 84202.5 of the Government Code is repealed. SEC. 11. Section 84203.5 of the Government Code is repealed. SEC. 12. Section 84206 of the Government Code is amended to read: 84206. (a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year. (b) For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidate’s personal funds. (c) Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement. SEC. 13. Section 84207 of the Government Code is amended to read: 84207. (a) An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title. (b) Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year. SEC. 14. Section 84218 of the Government Code is amended to read: 84218. (a) A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. (b) In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. (c) A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section. In addition, slate mailer organizations shall file campaign reports as follows: (1) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215. (2) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215. (3) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215. (4) Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State. SEC. 15. Section 85201 of the Government Code is amended to read: 85201. (a) Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state. (b) As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103. (c) All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidate’s controlled committee shall be deposited in the account. (d) Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure. (e) All campaign expenditures shall be made from the account. (f) Subdivisions (d) and (e) do not apply to a candidate’s payment for a filing fee and statement of qualifications from his or her personal funds. (g) This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidate’s payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made. (h) An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information. SEC. 16. 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. 17. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 5300 of the Civil Code is amended to read: 5300. (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. (b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: (1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. (2) A summary of the association’s reserves, prepared pursuant to Section 5565. (3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. (4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. (5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. (6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. (7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. (8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: “This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” (c) The annual budget report shall be made available to the members pursuant to Section 5320. (d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. (e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. (f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 5300 is added to the Civil Code, to read: 5300. (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. (b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: (1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. (2) A summary of the association’s reserves, prepared pursuant to Section 5565. (3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. (4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. (5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. (6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. (7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. (8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: “This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” (10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.” (11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.” (c) The annual budget report shall be made available to the members pursuant to Section 5320. (d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. (e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. (f) This section shall become operative on July 1, 2016.
Existing law governing common interest developments, the Davis-Stirling Common Interest Development Act, requires the association of a common interest development, which includes a condominium project, to prepare and distribute to all of its members certain documents, including an annual budget report that includes, among other items of information, a pro forma operating budget. The act requires a notice to be provided if an insurance policy described in the annual budget report lapses, is canceled, or is not immediately renewed, restored, or replaced, or if there is a significant change as to the policy. This bill would, beginning July 1, 2016, require the annual budget report of a condominium project to also include a separate statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project and as a federal Department of Veterans Affairs (VA)-approved condominium project.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 5300 of the Civil Code is amended to read: 5300. (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. (b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: (1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. (2) A summary of the association’s reserves, prepared pursuant to Section 5565. (3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. (4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. (5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. (6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. (7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. (8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: “This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” (c) The annual budget report shall be made available to the members pursuant to Section 5320. (d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. (e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. (f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 5300 is added to the Civil Code, to read: 5300. (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. (b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: (1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. (2) A summary of the association’s reserves, prepared pursuant to Section 5565. (3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. (4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. (5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. (6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. (7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. (8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: “This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” (10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.” (11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.” (c) The annual budget report shall be made available to the members pursuant to Section 5320. (d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. (e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. (f) This section shall become operative on July 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 36 of the Code of Civil Procedure is amended to read: 36. (a)A party to a civil action who is over 70 years of age may petition the court for preference, which the court shall grant if the court makes both of the following findings: (1)The party has a substantial interest in the action as a whole. (2)The health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. (b)A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. (c)Unless the court otherwise orders: (1)A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2)At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. (d)In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e)Notwithstanding any other law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. (f)Upon the granting of a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. A continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (g)Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. (h)In an asbestos tort action, as defined in Section 821, a plaintiff shall be entitled to preference if he or she has complied with the disclosure requirements of subdivision (a) of Section 822. A plaintiff filing a motion for preference shall submit a sworn affidavit in support of the motion stating that he or she has complied with those disclosure requirements. SEC. 2. SECTION 1. Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 6. Actions Relating to Asbestos Tort Claims 820. This chapter shall be known and may be cited as the Asbestos Tort Claim Trust Transparency Act. 821. The following terms are defined as follows: (a) “Asbestos tort action” means any action involving an asbestos tort claim. (b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person arising out of an alleged exposure to asbestos, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, pain and suffering, or any other harm that may be asserted under law. (c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. (d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. (e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including any communications between the plaintiff and an asbestos trust and all proof of claim forms and supplementary or supporting materials submitted to or required by an asbestos , trust, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate certificates and certificates of official capacity. (f) “Include” or “including” means include or including, but not limited to. (g) “Plaintiff” means a plaintiff in an asbestos tort action and any person acting on the plaintiff’s behalf, including , but not limited to, the plaintiff’s attorney. 822. (a) A plaintiff in an asbestos tort action shall produce, at the same time he or she serves answers to interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, all asbestos trust claim documents sent to, received from, shown to, exchanged with, or otherwise disclosed to an established or pending asbestos trust, including an asbestos trust administrator or his or her agents, a court supervising an asbestos trust or its agents, or an asbestos trust claims processing facility or its agents, for any purpose, including supporting a claim for an asbestos-related injury, or providing notice of, or reserving a place for, a future claim for compensation for an asbestos-related injury. (b) A production of documents made pursuant to subdivision (a) shall include all of the following: (1) Ballots. (2) Questionnaires. (3) Submitted or filed forms. (4) Summaries. (5) Claims. (6) Placeholder claims. (7) Requests for extensions. (8) Requests for details. (9) All documents that support the documents described in paragraphs (1) to (8), inclusive. (10) All communications related to the documents described in paragraphs (1) to (8), inclusive. (11) All documents filed, lodged, or submitted on or after January 1, 2017, pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure. (c) The plaintiff shall supplement the information and materials produced pursuant to subdivisions (a), (b), and (d), no later than five days before trial. Documents related to bankruptcy claims and declarations shall be produced when those documents and declarations are received or submitted, but no later than five days before trial. (d) In addition to the production required by subdivisions (a) and (b), declarations and affidavits in the plaintiff’s possession that have been circulated to a person or entity other than the plaintiff and that include facts regarding the plaintiff’s or decedent’s exposure to asbestos or an asbestos-related injury shall be produced for each asbestos tort claim. (e) Documents described in subdivisions (a), (b), and (d) are not subject to a claim of privilege and shall be produced for each asbestos tort claim. (f) (1) In answering interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, the plaintiff shall disclose the facts relating to his or her alleged exposure to asbestos, whether from products or premises attributable to the defendant that propounded the interrogatories or attributable to another entity, and regardless of whether the facts have been, or ever will be, included in an asbestos tort claim submitted to a third party for the purposes purpose of obtaining compensation for an asbestos-related injury. (2) The plaintiff shall not object or refuse to disclose facts related to his or her asbestos exposure in answering interrogatories on the basis of any of the following: (A) An asbestos trust claim has not been made. (B) An asbestos trust claim will not be made. (C) The facts appear in an otherwise privileged document , including a signed affidavit or unsubmitted bankruptcy trust claim form. (3) The attorney-client privilege and the attorney work product privilege are not waived by disclosing facts pursuant to this subdivision. (g) If a plaintiff fails to comply with requirements of subdivisions (a) to (d), inclusive, the defendant may file a motion to compel compliance with the requirements of subdivisions (a) to (d), inclusive. 823. At the same time a plaintiff answers interrogatories and produces documents pursuant to subdivisions (a), (b), and (d), of Section 822, the plaintiff shall execute and provide an authorization, as may be required by an asbestos trust, to facilitate the release of asbestos trust claim documents sought by the defendant. 824. (a) In an asbestos tort action, a court shall retain jurisdiction over the action for four years after entry of judgment to hear motions, order discovery, make determinations regarding reduction of claims pursuant to Section 877 for any sums received by a plaintiff from an asbestos trust or from other defendants, whether received before or after entry of judgment, or to otherwise make determinations or enforce remedies regarding issues related to this chapter. (b) This section does not limit or otherwise affect any rights or remedies otherwise available under the law. available. 825. This chapter shall apply applies to all asbestos tort actions filed on or after January 1, 2017, and all asbestos tort actions pending on January 1, 2017, if the initial trial date in the asbestos tort action has not yet passed.
Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff produce, at the same time he or she serves answers to interrogatories, all asbestos trust claim documents, as specified, and would provide that these documents are not subject to a claim of privilege. The bill would also require the plaintiff, in answering interrogatories, to disclose the facts related to his or her alleged exposure to asbestos. The bill would authorize a defendant to file a motion to compel the plaintiff’s compliance with the production and disclosure requirements, as described above. The bill would require the court to retain jurisdiction over an asbestos tort action for 4 years after entry of judgment for certain purposes. Existing law requires a court to grant a petition of a party to a civil action who is over 70 years of age for a preference if the court makes certain findings. Existing law authorizes a court to grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. This bill provide that a plaintiff is entitled to a trial preference if he or she has complied with specific disclosure requirements and would require a plaintiff in an asbestos tort action who files a motion for preference to submit a sworn affidavit that he or she has complied with those disclosure requirements.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 36 of the Code of Civil Procedure is amended to read: 36. (a)A party to a civil action who is over 70 years of age may petition the court for preference, which the court shall grant if the court makes both of the following findings: (1)The party has a substantial interest in the action as a whole. (2)The health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. (b)A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. (c)Unless the court otherwise orders: (1)A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2)At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. (d)In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e)Notwithstanding any other law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. (f)Upon the granting of a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. A continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (g)Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. (h)In an asbestos tort action, as defined in Section 821, a plaintiff shall be entitled to preference if he or she has complied with the disclosure requirements of subdivision (a) of Section 822. A plaintiff filing a motion for preference shall submit a sworn affidavit in support of the motion stating that he or she has complied with those disclosure requirements. SEC. 2. SECTION 1. Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 6. Actions Relating to Asbestos Tort Claims 820. This chapter shall be known and may be cited as the Asbestos Tort Claim Trust Transparency Act. 821. The following terms are defined as follows: (a) “Asbestos tort action” means any action involving an asbestos tort claim. (b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person arising out of an alleged exposure to asbestos, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, pain and suffering, or any other harm that may be asserted under law. (c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. (d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. (e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including any communications between the plaintiff and an asbestos trust and all proof of claim forms and supplementary or supporting materials submitted to or required by an asbestos , trust, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate certificates and certificates of official capacity. (f) “Include” or “including” means include or including, but not limited to. (g) “Plaintiff” means a plaintiff in an asbestos tort action and any person acting on the plaintiff’s behalf, including , but not limited to, the plaintiff’s attorney. 822. (a) A plaintiff in an asbestos tort action shall produce, at the same time he or she serves answers to interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, all asbestos trust claim documents sent to, received from, shown to, exchanged with, or otherwise disclosed to an established or pending asbestos trust, including an asbestos trust administrator or his or her agents, a court supervising an asbestos trust or its agents, or an asbestos trust claims processing facility or its agents, for any purpose, including supporting a claim for an asbestos-related injury, or providing notice of, or reserving a place for, a future claim for compensation for an asbestos-related injury. (b) A production of documents made pursuant to subdivision (a) shall include all of the following: (1) Ballots. (2) Questionnaires. (3) Submitted or filed forms. (4) Summaries. (5) Claims. (6) Placeholder claims. (7) Requests for extensions. (8) Requests for details. (9) All documents that support the documents described in paragraphs (1) to (8), inclusive. (10) All communications related to the documents described in paragraphs (1) to (8), inclusive. (11) All documents filed, lodged, or submitted on or after January 1, 2017, pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure. (c) The plaintiff shall supplement the information and materials produced pursuant to subdivisions (a), (b), and (d), no later than five days before trial. Documents related to bankruptcy claims and declarations shall be produced when those documents and declarations are received or submitted, but no later than five days before trial. (d) In addition to the production required by subdivisions (a) and (b), declarations and affidavits in the plaintiff’s possession that have been circulated to a person or entity other than the plaintiff and that include facts regarding the plaintiff’s or decedent’s exposure to asbestos or an asbestos-related injury shall be produced for each asbestos tort claim. (e) Documents described in subdivisions (a), (b), and (d) are not subject to a claim of privilege and shall be produced for each asbestos tort claim. (f) (1) In answering interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, the plaintiff shall disclose the facts relating to his or her alleged exposure to asbestos, whether from products or premises attributable to the defendant that propounded the interrogatories or attributable to another entity, and regardless of whether the facts have been, or ever will be, included in an asbestos tort claim submitted to a third party for the purposes purpose of obtaining compensation for an asbestos-related injury. (2) The plaintiff shall not object or refuse to disclose facts related to his or her asbestos exposure in answering interrogatories on the basis of any of the following: (A) An asbestos trust claim has not been made. (B) An asbestos trust claim will not be made. (C) The facts appear in an otherwise privileged document , including a signed affidavit or unsubmitted bankruptcy trust claim form. (3) The attorney-client privilege and the attorney work product privilege are not waived by disclosing facts pursuant to this subdivision. (g) If a plaintiff fails to comply with requirements of subdivisions (a) to (d), inclusive, the defendant may file a motion to compel compliance with the requirements of subdivisions (a) to (d), inclusive. 823. At the same time a plaintiff answers interrogatories and produces documents pursuant to subdivisions (a), (b), and (d), of Section 822, the plaintiff shall execute and provide an authorization, as may be required by an asbestos trust, to facilitate the release of asbestos trust claim documents sought by the defendant. 824. (a) In an asbestos tort action, a court shall retain jurisdiction over the action for four years after entry of judgment to hear motions, order discovery, make determinations regarding reduction of claims pursuant to Section 877 for any sums received by a plaintiff from an asbestos trust or from other defendants, whether received before or after entry of judgment, or to otherwise make determinations or enforce remedies regarding issues related to this chapter. (b) This section does not limit or otherwise affect any rights or remedies otherwise available under the law. available. 825. This chapter shall apply applies to all asbestos tort actions filed on or after January 1, 2017, and all asbestos tort actions pending on January 1, 2017, if the initial trial date in the asbestos tort action has not yet passed. ### Summary: This bill amends the Code of Civil Procedure to require plaintiffs in asbestos tort actions to disclose all asbestos trust claim documents and depositions and affidavits in their possession that have been
The people of the State of California do enact as follows: SECTION 1. Section 6027 of the Penal Code is amended to read: 6027. (a) The Board of State and Community Corrections shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. (b) Consistent with subdivision (c) of Section 6024, the board shall also: (1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. (2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. (3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: (A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. (B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. (C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. (D) A district attorney, selected after conferring with the California District Attorneys Association. (E) A public defender, selected after conferring with the California Public Defenders Association. (F) The Secretary of the Department of Corrections and Rehabilitation. (G) A representative from the Administrative Office of the Courts. (H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. (I) A representative from a nonprofit agency providing comprehensive reentry services. (4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. (5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. (6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. (7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. (8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. (9) Conduct evaluation studies of the programs and activities assisted by the federal acts. (10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. (11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. (12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. (13) Commencing on and after July 1, 2016, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2016. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2017. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). (c) The board may do either of the following: (1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. (2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. (d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.
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 also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment. This bill would require the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6027 of the Penal Code is amended to read: 6027. (a) The Board of State and Community Corrections shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. (b) Consistent with subdivision (c) of Section 6024, the board shall also: (1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. (2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. (3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: (A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. (B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. (C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. (D) A district attorney, selected after conferring with the California District Attorneys Association. (E) A public defender, selected after conferring with the California Public Defenders Association. (F) The Secretary of the Department of Corrections and Rehabilitation. (G) A representative from the Administrative Office of the Courts. (H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. (I) A representative from a nonprofit agency providing comprehensive reentry services. (4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. (5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. (6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. (7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. (8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. (9) Conduct evaluation studies of the programs and activities assisted by the federal acts. (10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. (11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. (12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. (13) Commencing on and after July 1, 2016, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2016. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2017. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). (c) The board may do either of the following: (1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. (2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. (d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code. ### Summary: This text is a summary of the bill. ### Text: The people of the State of California do enact as follows: SECTION 1.
The people of the State of California do enact as follows: SECTION 1. Section 313.5 is added to the Vehicle Code, to read: 313.5. An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. SEC. 2. Section 21113 of the Vehicle Code is amended to read: 21113. (a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Direczed to do either of the following: (1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. (2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. (e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. (f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. (g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. (h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. (i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. SEC. 2.5. Section 21113 of the Vehicle Code is amended to read: 21113. (a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. (b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. (c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. (d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: (1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. (2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. (e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. (f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. (g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. (h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. (i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. SEC. 3. Article 7 (commencing with Section 21290) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 7. Operation of Electrically Motorized Boards 21290. (a) For purposes of this article, “bikeway” is defined in Section 890.4 of the Streets and Highways Code. (b) For purposes of this article, an “electrically motorized board” is defined in Section 313.5. 21291. An electrically motorized board shall be operated only by a person who is 16 years of age or older. 21292. A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. 21293. (a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following: (1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board. (2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. (3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board. (b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a). (c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a). (d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a). 21294. (a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway. (b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour. (c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property. 21295. The Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. The report shall include detailed statewide traffic collision data involving electrically motorized boards, including property damage only, injury, and fatal traffic collisions. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. 21296. (a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. (b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. (c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). SEC. 4. Section 21960 of the Vehicle Code is amended to read: 21960. (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. A prohibition or restriction pertaining to bicycles, motor-driven cycles, motorized scooters, or electrically motorized boards shall be deemed to include motorized bicycles. A person shall not operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. (b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code. (c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. (d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian. SEC. 5. Section 21967 of the Vehicle Code is amended to read: 21967. Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways. SEC. 6. Section 21968 of the Vehicle Code is amended to read: 21968. (a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. (b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard. SEC. 7. Section 2.5 of this bill incorporates amendments to Section 21113 of the Vehicle Code proposed by both this bill and Assembly Bill 1096. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 21113 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1096, in which case Section 2 of this bill shall not become operative. 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 regulates the operation of bicycles, motorized scooters, and electric personal assistive mobility devices, as defined. Existing law makes a violation of these provisions punishable as an infraction. This bill would define the term “electrically motorized board.” The bill would prohibit the operation of an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. The bill would require the operator of an electrically motorized board to wear a helmet while operating an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail. The bill would require an operator to be at least 16 years of age in order to operate an electrically motorized board. The bill would also require electrically motorized boards to be equipped with safety equipment, as specified, and restrict the operation speed of electrically motorized boards. Because a violation of these provisions would be punishable as an infraction, this bill would impose a state-mandated local program. The bill would also require the Commissioner of the California Highway Patrol to submit a report, as specified, to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. Existing law authorizes transit development boards and public agencies, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, to adopt ordinances, rules, or regulations, respectively, to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board, or on public property under the jurisdiction of the agency, respectively. This bill would additionally authorize those boards and agencies to adopt ordinances, rules, and regulations, respectively, for the use of electrically motorized boards. Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways. This bill would additionally authorize local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling electrically motorized boards on highways, sidewalks, or roadways. Existing law makes it a crime to operate a motorized skateboard on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. This bill would provide that an electrically motorized board is not a motorized skateboard for those purposes. Existing law authorizes the Department of Transportation and local authorities to prohibit or restrict the use of bicycles, motorized bicycles, and motorized scooters upon freeways or expressways. This bill would authorize the Department of Transportation and local authorities to also prohibit or restrict the use of electrically motorized boards upon freeways or expressways. This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 1096 that would become operative only if this bill and AB 1096 are both chaptered, 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 313.5 is added to the Vehicle Code, to read: 313.5. An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. SEC. 2. Section 21113 of the Vehicle Code is amended to read: 21113. (a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Direczed to do either of the following: (1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. (2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. (e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. (f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. (g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. (h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. (i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. SEC. 2.5. Section 21113 of the Vehicle Code is amended to read: 21113. (a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. (b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. (c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. (d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: (1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. (2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. (e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. (f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. (g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. (h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. (i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. SEC. 3. Article 7 (commencing with Section 21290) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 7. Operation of Electrically Motorized Boards 21290. (a) For purposes of this article, “bikeway” is defined in Section 890.4 of the Streets and Highways Code. (b) For purposes of this article, an “electrically motorized board” is defined in Section 313.5. 21291. An electrically motorized board shall be operated only by a person who is 16 years of age or older. 21292. A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. 21293. (a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following: (1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board. (2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. (3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board. (b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a). (c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a). (d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a). 21294. (a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway. (b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour. (c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property. 21295. The Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. The report shall include detailed statewide traffic collision data involving electrically motorized boards, including property damage only, injury, and fatal traffic collisions. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. 21296. (a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. (b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. (c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). SEC. 4. Section 21960 of the Vehicle Code is amended to read: 21960. (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. A prohibition or restriction pertaining to bicycles, motor-driven cycles, motorized scooters, or electrically motorized boards shall be deemed to include motorized bicycles. A person shall not operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. (b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code. (c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. (d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian. SEC. 5. Section 21967 of the Vehicle Code is amended to read: 21967. Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways. SEC. 6. Section 21968 of the Vehicle Code is amended to read: 21968. (a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. (b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard. SEC. 7. Section 2.5 of this bill incorporates amendments to Section 21113 of the Vehicle Code proposed by both this bill and Assembly Bill 1096. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 21113 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1096, in which case Section 2 of this bill shall not become operative. 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 10145 of the Business and Professions Code is amended to read: 10145. (a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. (2) Withdrawals may be made from a trust fund account of an individual broker only upon the signature of that broker, or in the case of a corporate broker, only upon the signature of an officer through whom the corporation is licensed pursuant to Section 10158 or 10211, or one, or more, of the following persons if specifically authorized in writing by the individual broker or officer: (A) A real estate salesperson licensed to the broker. (B) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations promulgated pursuant to this part. (C) An unlicensed employee of the individual broker, if the broker has fidelity bond coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access at any time. For purposes of this section, bonds providing coverage may be written with a deductible of up to 5 percent of the coverage amount. For bonds with a deductible, the employing broker shall have evidence of financial responsibility that is sufficient to protect members of the public against a loss subject to the deductible amount. Evidence of financial responsibility shall include one or more of the following: (i) Separate fidelity bond coverage adequate to cover the amount of the fidelity bond deductible. (ii) A cash deposit held in a separate account, apart from other funds of the broker, the broker’s employees, or the broker’s principals, in a bank or recognized depository in this state adequate to cover the amount of the fidelity bond deductible and held exclusively and solely for the purpose of paying the fidelity bond deductible amount. (iii) Any other evidence of financial responsibility approved by the commissioner. (3) An arrangement under which a person enumerated in subparagraph (A), (B), or (C) of paragraph (2) is authorized to make withdrawals from a trust fund account of a broker shall not relieve an individual broker, nor the broker-officer of a corporate broker licensee, from responsibility or liability as provided by law in handling trust funds in the broker’s custody. (4) Notwithstanding the provisions of paragraphs (1), (2), and (3), a real estate broker collecting payments or performing services for investors or note owners in connection with loans secured by a first lien on real property may deposit funds received in trust in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation, if the investor or note owner is any one of the following: (A) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the United States Department of Veterans Affairs. (B) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, or insurance company doing business under the authority of, and in accordance with, the laws of this state, another state, or the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, or insurance companies, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States. (C) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000). (D) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation. (E) A syndication or other combination of any of the entities specified in subparagraph (A), (B), (C), or (D) that is organized to purchase the promissory note. (F) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code. (G) A licensed residential mortgage lender or servicer acting under the authority of that license. (H) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser specified in subparagraphs (A) to (G), inclusive. (5) A real estate broker who deposits funds held in trust in an out-of-state depository institution in accordance with paragraph (3) shall make available, in this state, the books, records, and files pertaining to the trust accounts to the commissioner or the commissioner’s representatives or pay the reasonable expenses for travel and lodging incurred by the commissioner or the commissioner’s representatives in order to conduct an examination at an out-of-state location. (b) A real estate broker acting as a principal pursuant to Section 10131.1 shall place all funds received from others for the purchase of real property sales contracts or promissory notes secured directly or collaterally by liens on real property in a neutral escrow depository unless delivery of the contract or note is made simultaneously with the receipt of the purchase funds. (c) A real estate sales person who accepts trust funds from others on behalf of the broker under whom he or she is licensed shall immediately deliver the funds to the broker or, if so directed by the broker, shall deliver the funds into the custody of the broker’s principal or a neutral escrow depository or shall deposit the funds into the broker’s trust fund account. (d) If not otherwise expressly prohibited by this part, a real estate broker may, at the request of the owner of trust funds or of the principals to a transaction or series of transactions from whom the broker has received trust funds, deposit the funds into an interest-bearing account in a bank, savings and loan association, credit union, or industrial loan company, the accounts of which are insured by the Federal Deposit Insurance Corporation, if all of the following requirements are met: (1) The account is in the name of the broker as trustee for the designated beneficiary or principal of a transaction or series of transactions. (2) All of the funds in the account are covered by insurance provided by an agency of the United States. (3) The funds in the account are kept separate, distinct, and apart from funds belonging to the broker or to any other person for whom the broker holds funds in trust. (4) The broker discloses to the person from whom the trust funds are received, and to a beneficiary whose identity is known to the broker at the time of establishing the account, the nature of the account, how interest will be calculated and paid under various circumstances, whether service charges will be paid to the depository and by whom, and possible notice requirements or penalties for withdrawal of funds from the account. (5) Interest earned on funds in the account may not inure directly or indirectly to the benefit of the broker or a person licensed to the broker. (6) In an executory sale, lease, or loan transaction in which the broker accepts funds in trust to be applied to the purchase, lease, or loan, the parties to the contract shall have specified in the contract or by collateral written agreement the person to whom interest earned on the funds is to be paid or credited. (e) The broker shall have no obligation to place trust funds into an interest-bearing account unless requested to do so and unless all of the conditions in subdivision (d) are met, nor, in any event, if he or she advises the party making the request that the funds will not be placed in an interest-bearing account. (f) Nothing in subdivision (d) shall preclude the commissioner from prescribing, by regulation, circumstances in which, and conditions under which, a real estate broker is authorized to deposit funds received in trust into an interest-bearing trust fund account. (g) The broker shall maintain a separate record of the receipt and disposition of all funds described in subdivisions (a) and (b), including any interest earned on the funds. (h) Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of those trust fund accounts maintained in a financial institution, in accordance with the procedures set forth in Section 7473 of the Government Code. (i) As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by a person described in paragraph (1) or (3) of subdivision (a) of Section 17006 of that code.
Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers by the Real Estate Commissioner. Existing law requires a real estate broker who accepts funds belonging to others in connection with a transaction to deposit all those funds in either a neutral escrow depository, into the hands of the broker’s principal, or into a trust fund account, as specified. This bill would authorize certain persons, including, among others, a real estate salesperson licensed to the broker to withdraw funds from a trust fund account of the broker if specifically authorized in writing. The bill would authorize an unlicensed employee of the broker to withdraw funds from the broker’s trust fund account if the broker has fidelity bond coverage equal to the maximum amount of the trust funds to which the unlicensed employee has access to at any time. The bill would authorize this bond to have a deductible of up to 5% of the coverage amount, if the employing broker has evidence of financial responsibility and require financial responsibility to be a separate fidelity bond coverage or a cash deposit adequate to cover the amount of the fidelity bond deductible, as specified, or any other evidence of financial responsibility approved by the commissioner. The bill would prohibit an arrangement from relieving the persons authorized by a broker or officer from responsibility or liability in handling trust funds in the broker’s custody, as specified.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10145 of the Business and Professions Code is amended to read: 10145. (a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. (2) Withdrawals may be made from a trust fund account of an individual broker only upon the signature of that broker, or in the case of a corporate broker, only upon the signature of an officer through whom the corporation is licensed pursuant to Section 10158 or 10211, or one, or more, of the following persons if specifically authorized in writing by the individual broker or officer: (A) A real estate salesperson licensed to the broker. (B) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations promulgated pursuant to this part. (C) An unlicensed employee of the individual broker, if the broker has fidelity bond coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access at any time. For purposes of this section, bonds providing coverage may be written with a deductible of up to 5 percent of the coverage amount. For bonds with a deductible, the employing broker shall have evidence of financial responsibility that is sufficient to protect members of the public against a loss subject to the deductible amount. Evidence of financial responsibility shall include one or more of the following: (i) Separate fidelity bond coverage adequate to cover the amount of the fidelity bond deductible. (ii) A cash deposit held in a separate account, apart from other funds of the broker, the broker’s employees, or the broker’s principals, in a bank or recognized depository in this state adequate to cover the amount of the fidelity bond deductible and held exclusively and solely for the purpose of paying the fidelity bond deductible amount. (iii) Any other evidence of financial responsibility approved by the commissioner. (3) An arrangement under which a person enumerated in subparagraph (A), (B), or (C) of paragraph (2) is authorized to make withdrawals from a trust fund account of a broker shall not relieve an individual broker, nor the broker-officer of a corporate broker licensee, from responsibility or liability as provided by law in handling trust funds in the broker’s custody. (4) Notwithstanding the provisions of paragraphs (1), (2), and (3), a real estate broker collecting payments or performing services for investors or note owners in connection with loans secured by a first lien on real property may deposit funds received in trust in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation, if the investor or note owner is any one of the following: (A) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the United States Department of Veterans Affairs. (B) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, or insurance company doing business under the authority of, and in accordance with, the laws of this state, another state, or the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, or insurance companies, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States. (C) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000). (D) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation. (E) A syndication or other combination of any of the entities specified in subparagraph (A), (B), (C), or (D) that is organized to purchase the promissory note. (F) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code. (G) A licensed residential mortgage lender or servicer acting under the authority of that license. (H) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser specified in subparagraphs (A) to (G), inclusive. (5) A real estate broker who deposits funds held in trust in an out-of-state depository institution in accordance with paragraph (3) shall make available, in this state, the books, records, and files pertaining to the trust accounts to the commissioner or the commissioner’s representatives or pay the reasonable expenses for travel and lodging incurred by the commissioner or the commissioner’s representatives in order to conduct an examination at an out-of-state location. (b) A real estate broker acting as a principal pursuant to Section 10131.1 shall place all funds received from others for the purchase of real property sales contracts or promissory notes secured directly or collaterally by liens on real property in a neutral escrow depository unless delivery of the contract or note is made simultaneously with the receipt of the purchase funds. (c) A real estate sales person who accepts trust funds from others on behalf of the broker under whom he or she is licensed shall immediately deliver the funds to the broker or, if so directed by the broker, shall deliver the funds into the custody of the broker’s principal or a neutral escrow depository or shall deposit the funds into the broker’s trust fund account. (d) If not otherwise expressly prohibited by this part, a real estate broker may, at the request of the owner of trust funds or of the principals to a transaction or series of transactions from whom the broker has received trust funds, deposit the funds into an interest-bearing account in a bank, savings and loan association, credit union, or industrial loan company, the accounts of which are insured by the Federal Deposit Insurance Corporation, if all of the following requirements are met: (1) The account is in the name of the broker as trustee for the designated beneficiary or principal of a transaction or series of transactions. (2) All of the funds in the account are covered by insurance provided by an agency of the United States. (3) The funds in the account are kept separate, distinct, and apart from funds belonging to the broker or to any other person for whom the broker holds funds in trust. (4) The broker discloses to the person from whom the trust funds are received, and to a beneficiary whose identity is known to the broker at the time of establishing the account, the nature of the account, how interest will be calculated and paid under various circumstances, whether service charges will be paid to the depository and by whom, and possible notice requirements or penalties for withdrawal of funds from the account. (5) Interest earned on funds in the account may not inure directly or indirectly to the benefit of the broker or a person licensed to the broker. (6) In an executory sale, lease, or loan transaction in which the broker accepts funds in trust to be applied to the purchase, lease, or loan, the parties to the contract shall have specified in the contract or by collateral written agreement the person to whom interest earned on the funds is to be paid or credited. (e) The broker shall have no obligation to place trust funds into an interest-bearing account unless requested to do so and unless all of the conditions in subdivision (d) are met, nor, in any event, if he or she advises the party making the request that the funds will not be placed in an interest-bearing account. (f) Nothing in subdivision (d) shall preclude the commissioner from prescribing, by regulation, circumstances in which, and conditions under which, a real estate broker is authorized to deposit funds received in trust into an interest-bearing trust fund account. (g) The broker shall maintain a separate record of the receipt and disposition of all funds described in subdivisions (a) and (b), including any interest earned on the funds. (h) Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of those trust fund accounts maintained in a financial institution, in accordance with the procedures set forth in Section 7473 of the Government Code. (i) As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by a person described in paragraph (1) or (3) of subdivision (a) of Section 17006 of that 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 4007.5 of the Family Code is repealed. SEC. 2. Section 4007.5 is added to the Family Code, to read: 4007.5. (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exist: (1) The person owing support has the means to pay support while incarcerated or involuntarily institutionalized. (2) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence, as defined in Section 6211, against the supported party or supported child, or for an offense that could be enjoined by a protective order pursuant to Section 6320, or as a result of his or her failure to comply with a court order to pay child support. (b) The child support obligation shall resume on the first day of the first full month after the release of the person owing support in the amount previously ordered, and that amount is presumed to be appropriate under federal and state law. This section does not preclude a person owing support from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or other appropriate reason. (c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: (A) The agency verifies that arrears and interest were accrued in violation of this section. (B) The agency verifies that neither of the conditions set forth in paragraph (1) or (2) of subdivision (a) exist. (C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. (2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agency’s motion with the court. The obligor’s arrears shall not be adjusted unless the court approves the adjustment. (3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. (d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. (e) For purposes of this section, the following definitions shall apply: (1) “Incarcerated or involuntarily institutionalized” includes, but is not limited to, involuntary confinement to the state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. (2) “Suspend” means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. (f) This section applies to every money judgment or child support order issued or modified on or after the enactment of this section. (g) The Department of Child Support Services shall, by January 1, 2016, and in consultation with the Judicial Council, develop forms to implement this section. (h) On or before January 1, 2019, the Department of Child Support Services and the Judicial Council shall conduct an evaluation of the effectiveness of the administrative adjustment process authorized by this section and shall report the results of the review, as well as any recommended changes, to the Assembly Judiciary Committee and the Senate Judiciary Committee. The evaluation shall include a review of the ease of the process to both the obligor and obligee, as well as an analysis of the number of cases administratively adjusted, the number of cases adjusted in court, and the number of cases not adjusted. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 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 limit the duration of the interruption in the protections provided by former Section 4007.5 of the Family Code, it is necessary that this bill take effect immediately.
Prior law required, until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act to be suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Prior law required that, upon the release of the obligor, the obligation to pay child support immediately resume in the amount otherwise specified in the child support order prior to the suspension of that obligation. Prior law required the court to provide notice to the parties of the support obligation suspension at the time the order was issued or modified. Prior law authorized an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation. This bill would enact similar provisions to require the suspension of a child support order to occur by operation of law when an obligor is incarcerated or involuntarily institutionalized, unless the obligor has the means to pay support, or the obligor was incarcerated or involuntarily institutionalized for either an offense constituting domestic violence or the failure to pay child support. The bill would also authorize the local child support agency to administratively adjust account balances for a money judgment or order for support of a child that is suspended by operation of law if the agency verifies that arrears and interest were accrued in violation of these provisions, that specified conditions relating to the obligor’s inability to pay while incarcerated and the underlying offense for which he or she was incarcerated do not exist, and neither the obligor nor the obligee object to the adjustment. The bill would require the local child support agency to give notice, as prescribed, of the adjustment to the obligor and obligee. If either the obligor or the obligee objects to the adjustment, the bill would require the agency to file a motion with the court to adjust the arrears and would allow the adjustment only after approval by the court. The bill would require the child support obligation to resume on the first day of the first full month after the release of the person owing support. The bill would require the Department of Child Support Services, in consultation with the Judicial Council, to develop forms to implement these provisions, and would require them to report specified information relating to these provisions to the Assembly Judiciary Committee and the Senate Judiciary Committee on or before January 1, 2019. The bill would make these provisions operative only until January 1, 2020. 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 4007.5 of the Family Code is repealed. SEC. 2. Section 4007.5 is added to the Family Code, to read: 4007.5. (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exist: (1) The person owing support has the means to pay support while incarcerated or involuntarily institutionalized. (2) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence, as defined in Section 6211, against the supported party or supported child, or for an offense that could be enjoined by a protective order pursuant to Section 6320, or as a result of his or her failure to comply with a court order to pay child support. (b) The child support obligation shall resume on the first day of the first full month after the release of the person owing support in the amount previously ordered, and that amount is presumed to be appropriate under federal and state law. This section does not preclude a person owing support from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or other appropriate reason. (c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: (A) The agency verifies that arrears and interest were accrued in violation of this section. (B) The agency verifies that neither of the conditions set forth in paragraph (1) or (2) of subdivision (a) exist. (C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. (2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agency’s motion with the court. The obligor’s arrears shall not be adjusted unless the court approves the adjustment. (3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. (d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. (e) For purposes of this section, the following definitions shall apply: (1) “Incarcerated or involuntarily institutionalized” includes, but is not limited to, involuntary confinement to the state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. (2) “Suspend” means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. (f) This section applies to every money judgment or child support order issued or modified on or after the enactment of this section. (g) The Department of Child Support Services shall, by January 1, 2016, and in consultation with the Judicial Council, develop forms to implement this section. (h) On or before January 1, 2019, the Department of Child Support Services and the Judicial Council shall conduct an evaluation of the effectiveness of the administrative adjustment process authorized by this section and shall report the results of the review, as well as any recommended changes, to the Assembly Judiciary Committee and the Senate Judiciary Committee. The evaluation shall include a review of the ease of the process to both the obligor and obligee, as well as an analysis of the number of cases administratively adjusted, the number of cases adjusted in court, and the number of cases not adjusted. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 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 limit the duration of the interruption in the protections provided by former Section 4007.5 of the Family Code, it is necessary that this bill 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 11165.1 of the Health and Safety Code is amended to read: 11165.1. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before January 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). (ii) A pharmacist shall, before January 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. (iii) (I) An individual designated by a board, bureau, or program within the Department of Consumer Affairs to investigate a holder of a professional license may, for the purpose of investigating the alleged substance abuse of a licensee, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a licensee that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that individual the electronic history of controlled substances dispensed to the licensee based on data contained in the CURES PDMP. An application for an individual designated by a board, bureau, or program that does not regulate health care practitioners authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 The application shall contain facts demonstrating the probable cause to believe the licensee has violated a law governing controlled substances. (II) This clause does not require an individual designated by a board, bureau, or program within the Department of Consumer Affairs that regulates health care practitioners to submit an application to access the information stored within the CURES PDMP. (B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: (i) Materially falsifying an application for a subscriber. (ii) Failure to maintain effective controls for access to the patient activity report. (iii) Suspended or revoked federal DEA registration. (iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. (v) Any subscriber described in clause (i) or (ii) of subparagraph (A) accessing information for any other reason than caring for his or her patients. (vi) Any subscriber described in clause (iii) of subparagraph (A) accessing information for any other reason than investigating the holder of a professional license. (C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. (2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. (b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. (c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. (d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by an authorized subscriber from the Department of Justice pursuant to this section shall be considered medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (e) Information concerning a patient’s controlled substance history provided to an authorized subscriber pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations.
Existing law requires certain health care practitioners and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the Controlled Substance Utilization Review and Evaluation System (CURES) Prescription Drug Monitoring Program (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of an application, to provide the approved health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care. Existing law authorizes an application to be denied, or a subscriber to be suspended, for specified reasons, including, among others, a subscriber accessing information for any reason other than caring for his or her patients. This bill would also authorize an individual designated to investigate a holder of a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of an applicant or a licensee for the purpose of investigating the alleged substance abuse of a licensee. The bill would, upon approval of an application, require the department to provide to the approved individual the history of controlled substances dispensed to the licensee. The bill would clarify that only a subscriber who is a health care practitioner or a pharmacist may have an application denied or be suspended for accessing subscriber information for any reason other than caring for his or her patients. The bill would also specify that an application may be denied, or a subscriber may be suspended, if a subscriber who has been designated to investigate the holder of a professional license accesses information for any reason other than investigating the holder of a professional license.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11165.1 of the Health and Safety Code is amended to read: 11165.1. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before January 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). (ii) A pharmacist shall, before January 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. (iii) (I) An individual designated by a board, bureau, or program within the Department of Consumer Affairs to investigate a holder of a professional license may, for the purpose of investigating the alleged substance abuse of a licensee, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a licensee that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that individual the electronic history of controlled substances dispensed to the licensee based on data contained in the CURES PDMP. An application for an individual designated by a board, bureau, or program that does not regulate health care practitioners authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 The application shall contain facts demonstrating the probable cause to believe the licensee has violated a law governing controlled substances. (II) This clause does not require an individual designated by a board, bureau, or program within the Department of Consumer Affairs that regulates health care practitioners to submit an application to access the information stored within the CURES PDMP. (B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: (i) Materially falsifying an application for a subscriber. (ii) Failure to maintain effective controls for access to the patient activity report. (iii) Suspended or revoked federal DEA registration. (iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. (v) Any subscriber described in clause (i) or (ii) of subparagraph (A) accessing information for any other reason than caring for his or her patients. (vi) Any subscriber described in clause (iii) of subparagraph (A) accessing information for any other reason than investigating the holder of a professional license. (C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. (2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. (b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. (c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. (d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by an authorized subscriber from the Department of Justice pursuant to this section shall be considered medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (e) Information concerning a patient’s controlled substance history provided to an authorized subscriber pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations. ### Summary: This bill would amend Section 11165.1 of the Health and Safety Code to require that, before January 1, 201
The people of the State of California do enact as follows: SECTION 1. Section 1254.5 of the Health and Safety Code is amended to read: 1254.5. (a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical, and spiritual components. In addition, the Legislature finds and declares that the treatment of eating disorders is multifaceted, and like the treatment of chemical dependency, does not fall neatly into either the traditional medical or psychiatric milieu. (b) The inpatient treatment of eating disorders shall be provided only in state licensed hospitals, which may be general acute care hospitals as defined in subdivision (a) of Section 1250, acute psychiatric hospitals as defined in subdivision (b) of Section 1250, or any other licensed health facility designated by the State Department of Public Health. (c) “Eating disorders,” for the purposes of this section, shall have the meaning of the term as defined in the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. SEC. 2. Section 1275 of the Health and Safety Code is amended to read: 1275. (a) (1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, any reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any other law including, but not limited to, the California Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13. (2) All regulations in effect on December 31, 1973, which were adopted by the State Board of Public Health, the State Department of Public Health, the State Department of Mental Hygiene, or the State Department of Health relating to licensed health facilities shall remain in full force and effect until altered, amended, or repealed by the director or pursuant to Section 25 or other provisions of law. (b) Notwithstanding this section or any other law, the Office of Statewide Health Planning and Development shall adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants. (c) The building standards adopted by the State Fire Marshal, and the Office of Statewide Health Planning and Development pursuant to subdivision (b), for the adequacy and safety of freestanding physical plants housing outpatient services of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable building standards established, or otherwise made applicable, by the State Fire Marshal and the Office of Statewide Health Planning and Development to clinics and other facilities licensed pursuant to Chapter 1 (commencing with Section 1200). (d) Except as provided in subdivision (f), the licensing standards adopted by the department under subdivision (a) for outpatient services located in a freestanding physical plant of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable licensing standards applied by the department to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). (e) Except as provided in subdivision (f), the state agencies specified in subdivisions (c) and (d) shall not enforce any standard applicable to outpatient services located in a freestanding physical plant of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, to the extent that the standard is more restrictive or comprehensive than the comparable licensing standards applied to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). (f) All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility. (g) (1) Notwithstanding any other law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, update references in the California Code of Regulations to health care standards of practice adopted by a recognized state or national association when the state or national association and its outdated standards are already named in the California Code of Regulations. When updating these references, the department shall: (A) Post notice of the department’s proposed adoption of the state or national association’s health care standards of practice on its Internet Web site for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted. (B) Notify stakeholders that the proposed standards have been posted on the department’s Internet Web site by issuing a mailing to the most recent stakeholder list on file with the department’s Office of Regulations. (C) Submit to the Office of Administrative Law the notice required pursuant to this paragraph. The office shall publish in the California Regulatory Notice Register any notice received pursuant to this subparagraph. (D) Accept public comment for at least 30 days after the conclusion of the 45-day posting period specified in subparagraph (A). (2) If a member of the public requests a public hearing during the public comment period, a hearing shall be held and comments shall be considered prior to the adoption of the state or national association’s health care standards of practice. (3) If no member of the public requests a public hearing, the department shall consider any comments received during the public comment period prior to the adoption of the health care standards. (4) Written responses to public comments shall not be required. If public comments are submitted in opposition to the adoption of the proposed standards, or the state or national association named in the California Code of Regulations no longer exists, the department shall seek adoption of the standards using the regulatory process specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. A state or national association named in the California Code of Regulations that has changed its name does not constitute an association that no longer exists. (5) If no opposition is received by the department, the department shall update its Internet Web site to notify the public that the standard has been adopted and the effective date of that standard. (h) For purposes of this section, “freestanding physical plant” means any building which is not physically attached to a building in which inpatient services are provided. 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 provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of these provisions is a crime. Existing law authorizes the department to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act. This bill would authorize the department to use a streamlined administrative process to update regulatory references to health care standards of practice adopted by a state or national association when outdated standards are already referenced in the California Code of Regulations. The procedure created by this bill would, among other things, require the department to post the update on the department’s Internet Web site, notify stakeholders of the proposed change, submit notice of the proposed change to the Office of Administrative Law for publication in the California Regulatory Notice Register, accept comments, and consider those comments prior to the adoption of the new standards. The bill would require, if a member of the public requests a public hearing, that the department hold a hearing and consider any comments. The bill would, if comments are submitted in opposition to the proposed change, require the department to instead follow the procedures provided for by the Administrative Procedure Act. Existing law requires inpatient treatment of eating disorders to be provided only in state licensed hospitals. Existing law defines “eating disorders” for these purposes as anorexia nervosa and bulimia as defined in the 1980 Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. This bill would instead define “eating disorders” to have the meaning of the term as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. By changing the definition of a crime applicable to health facilities, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that 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 1254.5 of the Health and Safety Code is amended to read: 1254.5. (a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical, and spiritual components. In addition, the Legislature finds and declares that the treatment of eating disorders is multifaceted, and like the treatment of chemical dependency, does not fall neatly into either the traditional medical or psychiatric milieu. (b) The inpatient treatment of eating disorders shall be provided only in state licensed hospitals, which may be general acute care hospitals as defined in subdivision (a) of Section 1250, acute psychiatric hospitals as defined in subdivision (b) of Section 1250, or any other licensed health facility designated by the State Department of Public Health. (c) “Eating disorders,” for the purposes of this section, shall have the meaning of the term as defined in the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. SEC. 2. Section 1275 of the Health and Safety Code is amended to read: 1275. (a) (1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, any reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any other law including, but not limited to, the California Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13. (2) All regulations in effect on December 31, 1973, which were adopted by the State Board of Public Health, the State Department of Public Health, the State Department of Mental Hygiene, or the State Department of Health relating to licensed health facilities shall remain in full force and effect until altered, amended, or repealed by the director or pursuant to Section 25 or other provisions of law. (b) Notwithstanding this section or any other law, the Office of Statewide Health Planning and Development shall adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants. (c) The building standards adopted by the State Fire Marshal, and the Office of Statewide Health Planning and Development pursuant to subdivision (b), for the adequacy and safety of freestanding physical plants housing outpatient services of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable building standards established, or otherwise made applicable, by the State Fire Marshal and the Office of Statewide Health Planning and Development to clinics and other facilities licensed pursuant to Chapter 1 (commencing with Section 1200). (d) Except as provided in subdivision (f), the licensing standards adopted by the department under subdivision (a) for outpatient services located in a freestanding physical plant of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable licensing standards applied by the department to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). (e) Except as provided in subdivision (f), the state agencies specified in subdivisions (c) and (d) shall not enforce any standard applicable to outpatient services located in a freestanding physical plant of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, to the extent that the standard is more restrictive or comprehensive than the comparable licensing standards applied to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). (f) All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility. (g) (1) Notwithstanding any other law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, update references in the California Code of Regulations to health care standards of practice adopted by a recognized state or national association when the state or national association and its outdated standards are already named in the California Code of Regulations. When updating these references, the department shall: (A) Post notice of the department’s proposed adoption of the state or national association’s health care standards of practice on its Internet Web site for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted. (B) Notify stakeholders that the proposed standards have been posted on the department’s Internet Web site by issuing a mailing to the most recent stakeholder list on file with the department’s Office of Regulations. (C) Submit to the Office of Administrative Law the notice required pursuant to this paragraph. The office shall publish in the California Regulatory Notice Register any notice received pursuant to this subparagraph. (D) Accept public comment for at least 30 days after the conclusion of the 45-day posting period specified in subparagraph (A). (2) If a member of the public requests a public hearing during the public comment period, a hearing shall be held and comments shall be considered prior to the adoption of the state or national association’s health care standards of practice. (3) If no member of the public requests a public hearing, the department shall consider any comments received during the public comment period prior to the adoption of the health care standards. (4) Written responses to public comments shall not be required. If public comments are submitted in opposition to the adoption of the proposed standards, or the state or national association named in the California Code of Regulations no longer exists, the department shall seek adoption of the standards using the regulatory process specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. A state or national association named in the California Code of Regulations that has changed its name does not constitute an association that no longer exists. (5) If no opposition is received by the department, the department shall update its Internet Web site to notify the public that the standard has been adopted and the effective date of that standard. (h) For purposes of this section, “freestanding physical plant” means any building which is not physically attached to a building in which inpatient services are provided. 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 10540 of the Water Code is amended to read: 10540. (a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. (b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan: (1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority. (2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610). (3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910). (4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800). (5) City and county general planning pursuant to Section 65350 of the Government Code. (6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560). (7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning. (c) At a minimum, all plans shall address all of the following: (1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies. (2) Identification and consideration of the drinking water quality of communities within the area of the plan. (3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan. (4) Identification of any significant threats to groundwater resources from overdrafting. (5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region. (6) Protection of groundwater resources from contamination. (7) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan. (d) This section does not obligate a local agency to fund the implementation of any project or program. SEC. 2. Section 10721 of the Water Code is amended to read: 10721. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. (b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). (c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. (d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. (e) “De minimis extractor” means a person who extracts, for domestic purposes, two acre-feet or less per year. (f) “Governing body” means the legislative body of a groundwater sustainability agency. (g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. (h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. (i) “Groundwater recharge” or “recharge” means the augmentation of groundwater, by natural or artificial means. (j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. (k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. (l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. (m) “In-lieu use” means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin. (n) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. (o) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. (p) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. (q) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. (r) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. (s) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (t) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. (u) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. (v) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. (w) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. (x) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: (1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (2) Significant and unreasonable reduction of groundwater storage. (3) Significant and unreasonable seawater intrusion. (4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. (5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. (6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. (y) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. (z) “Watermaster” means a watermaster appointed by a court or pursuant to other law. (aa) “Water year” means the period from October 1 through the following September 30, inclusive. (ab) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. SEC. 3. Section 10726.5 is added to the Water Code, to read: 10726.5. In addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan. SEC. 4. Section 10727.4 of the Water Code is amended to read: 10727.4. In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following: (a) Control of saline water intrusion. (b) Wellhead protection areas and recharge areas. (c) Migration of contaminated groundwater. (d) A well abandonment and well destruction program. (e) Replenishment of groundwater extractions. (f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. (g) Well construction policies. (h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. (i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. (j) Efforts to develop relationships with state and federal regulatory agencies. (k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity. (l) Impacts on groundwater dependent ecosystems. SEC. 5. Section 10727.8 of the Water Code is amended to read: 10727.8. (a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission. (b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. SEC. 6. Section 10732.2 is added to the Water Code, to read: 10732.2. If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8. SEC. 7. Section 10733.4 of the Water Code is amended to read: 10733.4. (a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter. (b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following: (1) The groundwater sustainability plans. (2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin. (3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin. (c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s Internet Web site and provide 60 days for persons to submit comments to the department about the plan. (d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department. (e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would define “in-lieu use” for the purposes of the act and would provide that, where appropriate, measures addressing in-lieu use shall be included in a groundwater sustainability plan. The act authorizes a groundwater sustainability agency to exercise certain powers in implementing the act, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the Department of Water Resources a groundwater sustainability plan or prescribed alternative documentation. This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into written agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan. The act, with a specified exception, does not authorize a local agency to impose any requirement on the state or any agency, department, or officer of the state. This bill, if a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, would permit the groundwater sustainability agency to file notice with the board and require the board to notice proceedings to investigate the finding of the groundwater sustainability agency. This bill would authorize the board to direct the state entity to cooperate in the implementation of the groundwater sustainability plan if the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal unless the state entity indicates its authority for not complying with the groundwater sustainability plan. Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan with specified components relating to water supply and water quality. Existing law authorizes a regional water management group to coordinate its planning activities to address or incorporate all or part of certain actions of its members into its plan, including groundwater management planning. This bill would specify that groundwater sustainability planning is an action of regional water management group members that may be addressed or incorporated into a regional water management plan.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10540 of the Water Code is amended to read: 10540. (a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. (b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan: (1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority. (2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610). (3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910). (4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800). (5) City and county general planning pursuant to Section 65350 of the Government Code. (6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560). (7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning. (c) At a minimum, all plans shall address all of the following: (1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies. (2) Identification and consideration of the drinking water quality of communities within the area of the plan. (3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan. (4) Identification of any significant threats to groundwater resources from overdrafting. (5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region. (6) Protection of groundwater resources from contamination. (7) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan. (d) This section does not obligate a local agency to fund the implementation of any project or program. SEC. 2. Section 10721 of the Water Code is amended to read: 10721. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. (b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). (c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. (d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. (e) “De minimis extractor” means a person who extracts, for domestic purposes, two acre-feet or less per year. (f) “Governing body” means the legislative body of a groundwater sustainability agency. (g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. (h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. (i) “Groundwater recharge” or “recharge” means the augmentation of groundwater, by natural or artificial means. (j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. (k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. (l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. (m) “In-lieu use” means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin. (n) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. (o) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. (p) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. (q) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. (r) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. (s) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (t) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. (u) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. (v) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. (w) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. (x) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: (1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (2) Significant and unreasonable reduction of groundwater storage. (3) Significant and unreasonable seawater intrusion. (4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. (5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. (6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. (y) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. (z) “Watermaster” means a watermaster appointed by a court or pursuant to other law. (aa) “Water year” means the period from October 1 through the following September 30, inclusive. (ab) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. SEC. 3. Section 10726.5 is added to the Water Code, to read: 10726.5. In addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan. SEC. 4. Section 10727.4 of the Water Code is amended to read: 10727.4. In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following: (a) Control of saline water intrusion. (b) Wellhead protection areas and recharge areas. (c) Migration of contaminated groundwater. (d) A well abandonment and well destruction program. (e) Replenishment of groundwater extractions. (f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. (g) Well construction policies. (h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. (i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. (j) Efforts to develop relationships with state and federal regulatory agencies. (k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity. (l) Impacts on groundwater dependent ecosystems. SEC. 5. Section 10727.8 of the Water Code is amended to read: 10727.8. (a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission. (b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. SEC. 6. Section 10732.2 is added to the Water Code, to read: 10732.2. If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8. SEC. 7. Section 10733.4 of the Water Code is amended to read: 10733.4. (a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter. (b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following: (1) The groundwater sustainability plans. (2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin. (3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin. (c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s Internet Web site and provide 60 days for persons to submit comments to the department about the plan. (d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department. (e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department. ### 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) Section 149.9 of the Streets and Highways Code, the statute authorizing the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Department of Transportation to pursue the implementation of high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110, requires LACMTA to develop a program to offset the impact on tolls on certain income groups in Los Angeles County. (b) LACMTA has implemented a low-income assistance program in this regard and has developed other ways to respond to this requirement. (c) LACMTA’s report to the Legislature and subsequent information provided by LACMTA identified the progress of the HOT lanes overall and the level of participation in the low-income assistance program. (d) While the HOT lanes have met their stated objectives, and while participation in the low-income assistance program has grown over time, improvements can be made. (e) LACMTA and the department should continue to improve the overall performance of the HOT lanes, including identifying ways to improve travel speeds in both corridors. (f) LACMTA and the department should continue to work to improve awareness of the low-income assistance program through advertising and working with local community groups and social service agencies to distribute information about the program. (g) LACMTA should consider offering greater incentives in the low-income assistance program in order to incentivize participation in the program. SEC. 2. Section 149.9 of the Streets and Highways Code is amended to read: 149.9. (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes. (b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. (1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program. (2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA’s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues. (c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code. (2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program. (e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code. (2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card. (g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities. (h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program.
Existing law authorizes a value-pricing and transit development program involving high-occupancy toll (HOT) lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions. Existing law requires LACMTA, in implementing the program, to continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters and transit users of low income, including reduced toll charges and toll credits. Existing law requires eligible commuters and transit users to meet the eligibility requirements for specified assistance programs. This bill would require LACMTA to take additional steps, beyond the previous implementation of a low-income assistance program, to increase enrollment and participation in the low-income assistance program, as specified, through advertising and work with community organizations and social service agencies. The bill would also require LACMTA and the Department of Transportation to report to the Legislature by December 31, 2018, on efforts to improve the HOT lane program, including efforts to increase participation in the low-income assistance 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) Section 149.9 of the Streets and Highways Code, the statute authorizing the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Department of Transportation to pursue the implementation of high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110, requires LACMTA to develop a program to offset the impact on tolls on certain income groups in Los Angeles County. (b) LACMTA has implemented a low-income assistance program in this regard and has developed other ways to respond to this requirement. (c) LACMTA’s report to the Legislature and subsequent information provided by LACMTA identified the progress of the HOT lanes overall and the level of participation in the low-income assistance program. (d) While the HOT lanes have met their stated objectives, and while participation in the low-income assistance program has grown over time, improvements can be made. (e) LACMTA and the department should continue to improve the overall performance of the HOT lanes, including identifying ways to improve travel speeds in both corridors. (f) LACMTA and the department should continue to work to improve awareness of the low-income assistance program through advertising and working with local community groups and social service agencies to distribute information about the program. (g) LACMTA should consider offering greater incentives in the low-income assistance program in order to incentivize participation in the program. SEC. 2. Section 149.9 of the Streets and Highways Code is amended to read: 149.9. (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes. (b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. (1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program. (2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA’s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues. (c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code. (2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program. (e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code. (2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card. (g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities. (h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program. ### 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 2750.8 is added to the Labor Code, to read: 2750.8. (a) The Labor Commissioner and the Department of Employment Development shall administer the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, an eligible motor carrier performing drayage services at any port shall be relieved of liability for statutory or civil penalties associated with the misclassification of commercial drivers as independent contractors, as provided by this program, if the eligible motor carrier executes a settlement agreement with the Labor Commissioner whereby the eligible motor carrier agrees to, among other things, properly classify all of its commercial drivers as employees. (b) As used in this section, the following terms shall have the following meanings: (1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services. (2) “Department” means the Employment Development Department. (3) “Eligible motor carrier” means a motor carrier that shall not have any of the following on the date it applies to participate in the program: (A) A civil lawsuit that was filed on or before December 31, 2015, pending against it in a state or federal court that alleges or involves a misclassification of a commercial driver. (B) A penalty assessed by the department pursuant to Section 1128 that is final imposition of that penalty. (4) “Motor carrier” means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as set forth in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle on a for-hire or not-for-hire basis to perform port drayage services. (5) “Port” means any sea or river port located in this state. (6) “Program” means the Motor Carrier Employer Amnesty Program established by this section and as provided by Article 8.6 (commencing with Section 1160) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. (c) (1) A motor carrier shall only apply to participate in the program by doing all of the following: (A) Submit an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the motor carrier to establish it qualifies as an eligible motor carrier. (B) Report on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. (2) A motor carrier that voluntarily or as a result of a final disposition in a civil proceeding reclassified its commercial drivers as employees on or before January 1, 2016, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: (A) Documentation demonstrating that the motor carrier reclassified its commercial drivers as employees, including the commencement period applicable to the reclassification. (B) The identification of each commercial driver reclassified in the documents provided in subparagraph (A), the amounts paid to each commercial driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each commercial driver prior to reclassification. (C) A report of a self-audit for all commercial drivers reclassified by the motor carrier identified in subparagraphs (A) and (B), and also include a separate self-audit report for any commercial driver who is subject to reclassification, but is not identified in subparagraph (B). (3) A proceeding or action against a motor carrier pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the motor carrier has submitted an application for participation in the program, but may be initiated if the motor carrier’s application is denied. (4) If a motor carrier’s application to participate the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the motor carrier that it misclassified its commercial drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the motor carrier failed to properly classify its commercial drivers as employees. (d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible motor carrier’s commercial drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified commercial drivers. (e) Before January 1, 2017, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible motor carrier pursuant to the program that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2017. (f) Prior to the Labor Commissioner executing a settlement agreement, an eligible motor carrier shall file its contribution returns and report unreported wages and taxes for the time period it seeks relief under the settlement agreement. (g) A settlement agreement executed by the Labor Commissioner and an eligible motor carrier pursuant to the program shall require an eligible motor carrier to do all of the following: (1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its commercial drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. (2) Maintain any converted commercial driver positions as employee positions. (3) Consent that any future commercial drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible motor carrier shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. (4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the commercial drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. (5) Provide the Labor Commissioner and the department with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. (6) Pay the costs authorized by subdivision (h), if required. (7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. (h) A settlement agreement may require an eligible motor carrier to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. (i) The settlement agreement may include provisions for an eligible motor carrier to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (g) in lieu of a full payment. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due at the rate prescribed in Sections 1113 and 1129 of the Unemployment Insurance Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed. The settlement agreement shall contain a provision that if a motor carrier fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. (j) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. (k) (1) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: (A) A penalty charged under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. (B) A penalty for an amount an eligible motor carrier admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division or authorized regulations. (C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) and either of the following: (i) The eligible motor carrier was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible motor carrier informing the motor carrier that it is under criminal investigation. (ii) A criminal court proceeding has already been initiated against the eligible motor carrier. (2) (A) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties, and interest owed on unpaid penalties, on or before the date the settlement agreement was executed, pursuant to Sections 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that are owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more commercial drivers as independent contractors and the reclassification of these commercial drivers as employees, except that penalties, and interest owed on penalties, established as a result of an assessment issued by the department before the date the settlement agreement was executed shall not be waived pursuant to the program. (B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the motor carrier pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible motor carrier issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the commercial driver certifies that the state personal tax has been paid or that he or she has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. (3) A refund or credit for any penalty or interest paid prior to the date an eligible motor carrier applied to participate in the program shall not be granted. (4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. (l) The statute of limitations on any claim or liability that might have been asserted against a motor carrier based on the motor carrier having misclassified a commercial driver as an independent contractor shall be tolled from the date a motor carrier applies for participation in the program through the date the Labor Commissioner either denies the motor carrier participation in the program or the motor carrier, as an eligible motor carrier, has failed to perform an obligation under the settlement agreement, whichever is later. (m) The recovery obtained by the Labor Commissioner on behalf of a reclassified commercial driver pursuant to a settlement agreement shall be tendered to the commercial driver on the condition that the commercial driver shall execute a release of all claims the commercial driver may have against the eligible motor carrier based on the eligible motor carrier’s failure to classify the commercial driver as an employee. A commercial driver shall not be under any obligation to accept the terms of a settlement agreement. If a commercial driver declines to accept the terms of a settlement agreement, the commercial driver shall not be bound by the settlement agreement, except that the eligible motor carrier shall still reclassify the commercial driver as an employee and that commercial driver shall be precluded from pursing a claim for civil penalties or statutory penalties covered by the period of time covered by the settlement agreement. If a commercial driver does not accept the terms of a settlement agreement, the motor carrier shall be excused from performing its requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that commercial driver. (n) (1) If the Labor Commissioner determines an eligible motor carrier violated or failed to perform any of its obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. (2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to commercial drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. (B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible motor carrier. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to commercial drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible motor carrier made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Section 2698 to 2699.5, inclusive. (3) If the court determines in any action filed by the Labor Commissioner that a motor carrier has violated or otherwise failed to perform any of its obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. SEC. 2. Article 8.6 (commencing with Section 1160) is added to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 8.6. Motor Carrier Employer Amnesty Program 1160. (a) The department shall collaborate with the Labor Commissioner to administer the Motor Carrier Employer Amnesty Program established by Section 2750.8 of the Labor Code and as provided by this article. (b) The definitions set forth in Section 2750.8 of the Labor Code shall apply to this article. 1162. Commercial drivers who are classified as employees pursuant to a settlement agreement shall be eligible to receive a refund of elective coverage contributions pursuant to Section 708 and may submit a claim for refund pursuant to Section 1178. 1164. The department may promulgate regulations and take any other actions necessary or appropriate to implement this article and further its participation in the program.
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 sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. 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 establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2750.8 is added to the Labor Code, to read: 2750.8. (a) The Labor Commissioner and the Department of Employment Development shall administer the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, an eligible motor carrier performing drayage services at any port shall be relieved of liability for statutory or civil penalties associated with the misclassification of commercial drivers as independent contractors, as provided by this program, if the eligible motor carrier executes a settlement agreement with the Labor Commissioner whereby the eligible motor carrier agrees to, among other things, properly classify all of its commercial drivers as employees. (b) As used in this section, the following terms shall have the following meanings: (1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services. (2) “Department” means the Employment Development Department. (3) “Eligible motor carrier” means a motor carrier that shall not have any of the following on the date it applies to participate in the program: (A) A civil lawsuit that was filed on or before December 31, 2015, pending against it in a state or federal court that alleges or involves a misclassification of a commercial driver. (B) A penalty assessed by the department pursuant to Section 1128 that is final imposition of that penalty. (4) “Motor carrier” means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as set forth in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle on a for-hire or not-for-hire basis to perform port drayage services. (5) “Port” means any sea or river port located in this state. (6) “Program” means the Motor Carrier Employer Amnesty Program established by this section and as provided by Article 8.6 (commencing with Section 1160) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. (c) (1) A motor carrier shall only apply to participate in the program by doing all of the following: (A) Submit an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the motor carrier to establish it qualifies as an eligible motor carrier. (B) Report on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. (2) A motor carrier that voluntarily or as a result of a final disposition in a civil proceeding reclassified its commercial drivers as employees on or before January 1, 2016, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: (A) Documentation demonstrating that the motor carrier reclassified its commercial drivers as employees, including the commencement period applicable to the reclassification. (B) The identification of each commercial driver reclassified in the documents provided in subparagraph (A), the amounts paid to each commercial driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each commercial driver prior to reclassification. (C) A report of a self-audit for all commercial drivers reclassified by the motor carrier identified in subparagraphs (A) and (B), and also include a separate self-audit report for any commercial driver who is subject to reclassification, but is not identified in subparagraph (B). (3) A proceeding or action against a motor carrier pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the motor carrier has submitted an application for participation in the program, but may be initiated if the motor carrier’s application is denied. (4) If a motor carrier’s application to participate the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the motor carrier that it misclassified its commercial drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the motor carrier failed to properly classify its commercial drivers as employees. (d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible motor carrier’s commercial drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified commercial drivers. (e) Before January 1, 2017, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible motor carrier pursuant to the program that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2017. (f) Prior to the Labor Commissioner executing a settlement agreement, an eligible motor carrier shall file its contribution returns and report unreported wages and taxes for the time period it seeks relief under the settlement agreement. (g) A settlement agreement executed by the Labor Commissioner and an eligible motor carrier pursuant to the program shall require an eligible motor carrier to do all of the following: (1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its commercial drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. (2) Maintain any converted commercial driver positions as employee positions. (3) Consent that any future commercial drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible motor carrier shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. (4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the commercial drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. (5) Provide the Labor Commissioner and the department with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. (6) Pay the costs authorized by subdivision (h), if required. (7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. (h) A settlement agreement may require an eligible motor carrier to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. (i) The settlement agreement may include provisions for an eligible motor carrier to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (g) in lieu of a full payment. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due at the rate prescribed in Sections 1113 and 1129 of the Unemployment Insurance Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed. The settlement agreement shall contain a provision that if a motor carrier fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. (j) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. (k) (1) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: (A) A penalty charged under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. (B) A penalty for an amount an eligible motor carrier admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division or authorized regulations. (C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) and either of the following: (i) The eligible motor carrier was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible motor carrier informing the motor carrier that it is under criminal investigation. (ii) A criminal court proceeding has already been initiated against the eligible motor carrier. (2) (A) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties, and interest owed on unpaid penalties, on or before the date the settlement agreement was executed, pursuant to Sections 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that are owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more commercial drivers as independent contractors and the reclassification of these commercial drivers as employees, except that penalties, and interest owed on penalties, established as a result of an assessment issued by the department before the date the settlement agreement was executed shall not be waived pursuant to the program. (B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the motor carrier pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible motor carrier issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the commercial driver certifies that the state personal tax has been paid or that he or she has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. (3) A refund or credit for any penalty or interest paid prior to the date an eligible motor carrier applied to participate in the program shall not be granted. (4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. (l) The statute of limitations on any claim or liability that might have been asserted against a motor carrier based on the motor carrier having misclassified a commercial driver as an independent contractor shall be tolled from the date a motor carrier applies for participation in the program through the date the Labor Commissioner either denies the motor carrier participation in the program or the motor carrier, as an eligible motor carrier, has failed to perform an obligation under the settlement agreement, whichever is later. (m) The recovery obtained by the Labor Commissioner on behalf of a reclassified commercial driver pursuant to a settlement agreement shall be tendered to the commercial driver on the condition that the commercial driver shall execute a release of all claims the commercial driver may have against the eligible motor carrier based on the eligible motor carrier’s failure to classify the commercial driver as an employee. A commercial driver shall not be under any obligation to accept the terms of a settlement agreement. If a commercial driver declines to accept the terms of a settlement agreement, the commercial driver shall not be bound by the settlement agreement, except that the eligible motor carrier shall still reclassify the commercial driver as an employee and that commercial driver shall be precluded from pursing a claim for civil penalties or statutory penalties covered by the period of time covered by the settlement agreement. If a commercial driver does not accept the terms of a settlement agreement, the motor carrier shall be excused from performing its requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that commercial driver. (n) (1) If the Labor Commissioner determines an eligible motor carrier violated or failed to perform any of its obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. (2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to commercial drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. (B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible motor carrier. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to commercial drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible motor carrier made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Section 2698 to 2699.5, inclusive. (3) If the court determines in any action filed by the Labor Commissioner that a motor carrier has violated or otherwise failed to perform any of its obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. SEC. 2. Article 8.6 (commencing with Section 1160) is added to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 8.6. Motor Carrier Employer Amnesty Program 1160. (a) The department shall collaborate with the Labor Commissioner to administer the Motor Carrier Employer Amnesty Program established by Section 2750.8 of the Labor Code and as provided by this article. (b) The definitions set forth in Section 2750.8 of the Labor Code shall apply to this article. 1162. Commercial drivers who are classified as employees pursuant to a settlement agreement shall be eligible to receive a refund of elective coverage contributions pursuant to Section 708 and may submit a claim for refund pursuant to Section 1178. 1164. The department may promulgate regulations and take any other actions necessary or appropriate to implement this article and further its participation in the program. ### 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) Prescription and over-the-counter (OTC) drugs are, after marijuana and alcohol, the most commonly abused substances by Americans over 14 years of age. (b) Over two million people in the United States suffer from substance use disorders related to prescription opioid pain relievers. (c) More people die from overdoses of prescription opioid pain relievers than from all other drugs combined, including heroin and cocaine. (d) Prescription opioid pain relievers can have effects similar to heroin when taken in doses or in ways other than prescribed, and research now suggests that abuse of these drugs may lead to heroin abuse. (e) Prescription opioid pain relievers can be particularly dangerous when snorted, injected, or combined with other drugs or alcohol. SEC. 2. Section 4069 is added to the Business and Professions Code, to read: 4069. (a) A pharmacist shall inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug. This information may be included as part of the oral consultation required under Section 1707.2 of Title 17 of the California Code of Regulations. The board shall adopt regulations to implement this section. (b) For purposes of this section, “opioid analgesic drug product” has the same meaning as defined in Section 1367.217 of the Health and Safety Code. SEC. 3. Section 1367.217 is added to the Health and Safety Code, to read: 1367.217. (a) Where an abuse-deterrent opioid analgesic drug product is available, a health care service plan shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. (b) This section shall not be construed to prevent a health care service plan from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. (c) A health care service plan shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. (d) For purposes of this section, the following definitions shall apply: (1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. (2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. SEC. 4. Section 10123.203 is added to the Insurance Code, to read: 10123.203. (a) Where an abuse-deterrent opioid analgesic drug product is available, an insurer shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. (b) This section shall not be construed to prevent an insurer from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. (c) An insurer shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. (d) For purposes of this section, the following definitions shall apply: (1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. (2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. SEC. 5. 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 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 that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. These provisions require specified services and drugs to be covered by the various plans. This bill would, where an abuse-deterrent opioid analgesic drug product, as defined, is available, prohibit a health care service plan or insurer from requiring the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. The bill would require a health care service plan or insurer to allow a provider to prescribe, and if otherwise covered, to provide coverage for, a less than 30-day supply of an opioid analgesic drug product. Because a willful violation of these requirements with respect to health care service plans would be a crime, this bill would impose a state-mandated local program. Existing law, the Pharmacy Law, the knowing violation of which is a crime, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy. Existing regulations require a pharmacist to provide oral consultation to his or her patient or the patient’s agent in all care settings upon request or whenever the pharmacist deems it warranted. This bill would require a pharmacist to inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug, and authorizes this information to be included as part of the required oral consultation. would require the board to adopt regulations to implement that provision. Because a violation of this requirement 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 a specified reason.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) Prescription and over-the-counter (OTC) drugs are, after marijuana and alcohol, the most commonly abused substances by Americans over 14 years of age. (b) Over two million people in the United States suffer from substance use disorders related to prescription opioid pain relievers. (c) More people die from overdoses of prescription opioid pain relievers than from all other drugs combined, including heroin and cocaine. (d) Prescription opioid pain relievers can have effects similar to heroin when taken in doses or in ways other than prescribed, and research now suggests that abuse of these drugs may lead to heroin abuse. (e) Prescription opioid pain relievers can be particularly dangerous when snorted, injected, or combined with other drugs or alcohol. SEC. 2. Section 4069 is added to the Business and Professions Code, to read: 4069. (a) A pharmacist shall inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug. This information may be included as part of the oral consultation required under Section 1707.2 of Title 17 of the California Code of Regulations. The board shall adopt regulations to implement this section. (b) For purposes of this section, “opioid analgesic drug product” has the same meaning as defined in Section 1367.217 of the Health and Safety Code. SEC. 3. Section 1367.217 is added to the Health and Safety Code, to read: 1367.217. (a) Where an abuse-deterrent opioid analgesic drug product is available, a health care service plan shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. (b) This section shall not be construed to prevent a health care service plan from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. (c) A health care service plan shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. (d) For purposes of this section, the following definitions shall apply: (1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. (2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. SEC. 4. Section 10123.203 is added to the Insurance Code, to read: 10123.203. (a) Where an abuse-deterrent opioid analgesic drug product is available, an insurer shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. (b) This section shall not be construed to prevent an insurer from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. (c) An insurer shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. (d) For purposes of this section, the following definitions shall apply: (1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. (2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. SEC. 5. 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 require a pharmacist to inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug. The bill would also require a health
The people of the State of California do enact as follows: SECTION 1. Section 11302 of the Business and Professions Code is amended to read: 11302. For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: (a) “Department” means the Department of Consumer Affairs. (b) “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. The term “appraisal” does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related. (c) “Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. (d) (1) “Appraisal management company” means any person or entity that satisfies all of the following conditions: (A) Maintains an approved list or lists, containing 11 or more independent contractor appraisers licensed or certified pursuant to this part, or employs 11 or more appraisers licensed or certified pursuant to this part. (B) Receives requests for appraisals from one or more clients. (C) For a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers. (2) “Appraisal management company” does not include any of the following, when that person or entity directly contracts with an independent appraiser: (A) Any bank, credit union, trust company, savings and loan association, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state. (B) Any finance lender or finance broker licensed pursuant to Division 9 (commencing with Section 22000) of the Financial Code, when acting under the authority of that license. (C) Any residential mortgage lender or residential mortgage servicer licensed pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license. (D) Any real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, when acting under the authority of that license. (3) “Appraisal management company” does not include any person licensed to practice law in this state who is working with or on behalf of a client of that person in connection with one or more appraisals for that client. (e) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. (f) “Controlling person” means one or more of the following: (1) An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company. (2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals. (3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company. (g) “Director” or “chief” means the Chief of the Bureau of Real Estate Appraisers. (h) “Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, Consumer Financial Protection Bureau, and any other agency determined by the director to have jurisdiction over transactions subject to this part. (i) “Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity. (j) “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency. (k) “License” means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state. (l) “Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license. (m) “Office” or “bureau” means the Bureau of Real Estate Appraisers. (n) “Registration” means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company. (o) “State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part. (p) “Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation for use in a federally related transaction. (q) “Course provider” means a person or entity that provides educational courses related to professional appraisal practice. (r) “Nonfederally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property for any purpose other than a federally related transaction. (s) “Standard of valuation practice” means any nationally or internationally recognized valuation standard addressing the credibility of an appraisal or an appraisal review. approved by the bureau. SEC. 2. Section 11319 of the Business and Professions Code is amended to read: 11319. Notwithstanding any other provision of this code, the following shall apply: (a) The Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for federally related real estate appraisal activity. (b) If a licensee also is certified by the Board of Equalization, the licensee shall follow the standards established by the Board of Equalization when fulfilling the licensee’s responsibilities for assessment purposes. (c) If a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice may be utilized if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. If a licensee utilizes a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice pursuant to this subdivision, the licensee shall comply with the Ethics, Record Keeping, Competency, and Scope of Work rules of the Uniform Standards of Professional Appraisal Practice contained in the 2014–2015 2014– 15 edition of the Uniform Standards of Professional Appraisal Practice.
Existing law, the Real Estate Appraisers’ Licensing and Certification Law, regulates the licensing of real estate appraisers and provides definitions of specified terms that govern the construction of that law. Existing law provides that the Uniform Standards of Professional Appraisal Practice sets forth the minimum standards of conduct and performance for real estate appraisers in any work or service performed that is addressed by those standards. This bill would instead provide that the Uniform Standards of Professional Appraisal Practice constitutes the minimum standard of conduct and performance for federally related real estate appraisal activity, as defined. The bill would revise existing, and additionally include new, definitions for specified terms for purposes of the Real Estate Appraisers’ Licensing and Certification Law. The bill would also authorize, if a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice, as defined, for a licensee if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in an appraisal, as provided.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11302 of the Business and Professions Code is amended to read: 11302. For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: (a) “Department” means the Department of Consumer Affairs. (b) “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. The term “appraisal” does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related. (c) “Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. (d) (1) “Appraisal management company” means any person or entity that satisfies all of the following conditions: (A) Maintains an approved list or lists, containing 11 or more independent contractor appraisers licensed or certified pursuant to this part, or employs 11 or more appraisers licensed or certified pursuant to this part. (B) Receives requests for appraisals from one or more clients. (C) For a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers. (2) “Appraisal management company” does not include any of the following, when that person or entity directly contracts with an independent appraiser: (A) Any bank, credit union, trust company, savings and loan association, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state. (B) Any finance lender or finance broker licensed pursuant to Division 9 (commencing with Section 22000) of the Financial Code, when acting under the authority of that license. (C) Any residential mortgage lender or residential mortgage servicer licensed pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license. (D) Any real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, when acting under the authority of that license. (3) “Appraisal management company” does not include any person licensed to practice law in this state who is working with or on behalf of a client of that person in connection with one or more appraisals for that client. (e) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. (f) “Controlling person” means one or more of the following: (1) An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company. (2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals. (3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company. (g) “Director” or “chief” means the Chief of the Bureau of Real Estate Appraisers. (h) “Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, Consumer Financial Protection Bureau, and any other agency determined by the director to have jurisdiction over transactions subject to this part. (i) “Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity. (j) “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency. (k) “License” means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state. (l) “Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license. (m) “Office” or “bureau” means the Bureau of Real Estate Appraisers. (n) “Registration” means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company. (o) “State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part. (p) “Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation for use in a federally related transaction. (q) “Course provider” means a person or entity that provides educational courses related to professional appraisal practice. (r) “Nonfederally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property for any purpose other than a federally related transaction. (s) “Standard of valuation practice” means any nationally or internationally recognized valuation standard addressing the credibility of an appraisal or an appraisal review. approved by the bureau. SEC. 2. Section 11319 of the Business and Professions Code is amended to read: 11319. Notwithstanding any other provision of this code, the following shall apply: (a) The Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for federally related real estate appraisal activity. (b) If a licensee also is certified by the Board of Equalization, the licensee shall follow the standards established by the Board of Equalization when fulfilling the licensee’s responsibilities for assessment purposes. (c) If a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice may be utilized if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. If a licensee utilizes a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice pursuant to this subdivision, the licensee shall comply with the Ethics, Record Keeping, Competency, and Scope of Work rules of the Uniform Standards of Professional Appraisal Practice contained in the 2014–2015 2014– 15 edition of the Uniform Standards of Professional Appraisal Practice. ### 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 41320.1 of the Education Code, as amended by Section 34 of Chapter 19 of the Statutes of 2015, is amended to read: 41320.1. Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: (a) The Superintendent shall appoint a trustee who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: (1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. (2) The Superintendent shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall serve at the pleasure of, and report directly to, the Superintendent. (3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district under Section 41320 is probable, and the Superintendent decides to terminate the trustee’s appointment, but in no event for less than three years. The Superintendent shall notify the county superintendent of schools, the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the Superintendent expects these conditions to be met. (4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the Superintendent may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. (5) Notwithstanding any other law, all reports submitted to the trustee are public records. (6) To facilitate the appointment of the trustee and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (7) Notwithstanding any other law, the Superintendent may appoint an employee of the department to act as trustee for up to the duration of the trusteeship. The salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. (b) (1) The trustee appointed by the Superintendent shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. (2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: (A) A description of the governing board of the school district’s intended action and its financial implications. (B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. (3) If the Superintendent is notified by the county superintendent of schools pursuant to paragraph (2), the Superintendent shall report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. (4) The Superintendent may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the Superintendent determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, and the school district shall comply with the plan as modified. (c) At the request of the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. (d) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or his or her designee, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. For an audit conducted by the Controller, or his or her designee, the Controller, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. (e) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. (f) Except for an individual appointed by the Superintendent as trustee pursuant to paragraph (7) of subdivision (a), the state-appointed trustee is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as trustee pursuant to paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes.
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Under existing law, if a school district accepts an emergency apportionment, that acceptance constitutes agreement by the school district to numerous conditions, among which is an agreement that the Controller, or his or her designee, or an auditor selected by the school district and approved by the Controller shall conduct an annual audit of the books and accounts of the school district, as specified. This provision requires these audits to continue until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the school district’s fiscal plan or later than the time the apportionment is repaid, including interest. This bill, for an audit conducted by the Controller, or his or her designee, would require the Controller, the Superintendent, and the school district superintendent, or their respective designees, to meet before the audit to discuss the terms of the audit and the timeline under which it will proceed.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 41320.1 of the Education Code, as amended by Section 34 of Chapter 19 of the Statutes of 2015, is amended to read: 41320.1. Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: (a) The Superintendent shall appoint a trustee who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: (1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. (2) The Superintendent shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall serve at the pleasure of, and report directly to, the Superintendent. (3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district under Section 41320 is probable, and the Superintendent decides to terminate the trustee’s appointment, but in no event for less than three years. The Superintendent shall notify the county superintendent of schools, the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the Superintendent expects these conditions to be met. (4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the Superintendent may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. (5) Notwithstanding any other law, all reports submitted to the trustee are public records. (6) To facilitate the appointment of the trustee and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (7) Notwithstanding any other law, the Superintendent may appoint an employee of the department to act as trustee for up to the duration of the trusteeship. The salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. (b) (1) The trustee appointed by the Superintendent shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. (2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: (A) A description of the governing board of the school district’s intended action and its financial implications. (B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. (3) If the Superintendent is notified by the county superintendent of schools pursuant to paragraph (2), the Superintendent shall report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. (4) The Superintendent may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the Superintendent determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, and the school district shall comply with the plan as modified. (c) At the request of the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. (d) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or his or her designee, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. For an audit conducted by the Controller, or his or her designee, the Controller, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. (e) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. (f) Except for an individual appointed by the Superintendent as trustee pursuant to paragraph (7) of subdivision (a), the state-appointed trustee is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as trustee pursuant to paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. ### 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 9204 is added to the Public Contract Code, to read: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices. 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 prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement. This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process. This bill would specify that these provisions constitute a matter of statewide concern. 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 9204 is added to the Public Contract Code, to read: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices. 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 Public Contract Code to require a public entity to respond to a claim from a contractor within 45 days and to provide a written statement identifying
The people of the State of California do enact as follows: SECTION 1. Section 4430 of the Business and Professions Code is amended to read: 4430. For purposes of this chapter, the following definitions shall apply: (a) “Carrier” means a health care service plan, as defined in Section 1345 of the Health and Safety Code, or a health insurer that issues policies of health insurance, as defined in Section 106 of the Insurance Code. (b) “Clerical or recordkeeping error” includes a typographical error, scrivener’s error, or computer error in a required document or record. (c) “Extrapolation” means the practice of inferring a frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims. (d) “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 the Health and Safety Code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. (e) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug. (f) “Maximum allowable cost list” means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager. (g) “Obsolete” means a drug that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. (h) “Pharmacy” has the same meaning as provided in Section 4037. (i) “Pharmacy audit” means an audit, either onsite or remotely, of any records of a pharmacy conducted by or on behalf of a carrier or a pharmacy benefits manager, or a representative thereof, for prescription drugs that were dispensed by that pharmacy to beneficiaries of a health benefit plan pursuant to a contract with the health benefit plan or the issuer or administrator thereof. “Pharmacy audit” does not include a concurrent review or desk audit that occurs within three business days of transmission of a claim, or a concurrent review or desk audit where no chargeback or recoupment is demanded. (j) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, health benefit plan sponsor, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, plan sponsor, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. SEC. 2. Section 4432 of the Business and Professions Code is amended to read: 4432. Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code. SEC. 3. Section 4440 is added to the Business and Professions Code, immediately following Section 4439, to read: 4440. (a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with this section. (b) A pharmacy benefit manager shall include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, with the contracting pharmacy information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list. (c) A pharmacy benefit manager shall make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by that pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. (d) A drug shall not be included on a maximum allowable cost list or reimbursed on a maximum allowable cost basis unless all of the following apply: (1) The drug is listed as “A” or “B” rated in the most recent version of the federal Food and Drug Administration’s approved drug products with therapeutic equivalent evaluations, also known as the Orange Book, or has an “NA,” “NR,” or “Z” rating or a similar rating by a nationally recognized pricing reference, such as Medi-Span or First DataBank. (2) The drug is generally available for purchase in the state from a national or regional wholesaler. (3) The drug is not obsolete. (e) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall review and shall make necessary adjustments to the maximum allowable cost of each drug on a maximum allowable cost list using the most recent data sources available at least once every seven days. (f) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall have a clearly defined process for a contracting pharmacy to appeal the maximum allowable cost for a drug on a maximum allowable cost list that includes all of the following: (1) A contracting pharmacy may base its appeal on either of the following: (A) The maximum allowable cost for a drug is below the cost at which the drug is available for purchase by similarly situated pharmacies in the state from a national or regional wholesaler. (B) The drug does not meet the requirements of subdivision (d). (2) A contracting pharmacy shall be provided no less than 14 business days following receipt of payment for the claim upon which the appeal is based to file an appeal with a pharmacy benefit manager. The pharmacy benefit manager shall make a final determination regarding a contracting pharmacy’s appeal within seven business days of the pharmacy benefit manager’s receipt of the appeal. (3) If an appeal is denied by a pharmacy benefit manager, the pharmacy benefit manager shall provide to the contracting pharmacy the reason for the denial and the national drug code (NDC) of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. (4) If an appeal is upheld by a pharmacy benefit manager, the pharmacy benefit manager shall adjust the maximum allowable cost of the appealed drug for the appealing contracting pharmacy and all similarly situated contracting pharmacies in the state within one calendar day of the date of determination. The pharmacy benefit manager shall permit the appealing pharmacy to reverse and resubmit the claim upon which the appeal was based in order to receive the corrected reimbursement. (g) A contracting pharmacy shall not disclose to any third party the maximum allowable cost list and any related information it receives either directly from a pharmacy benefit manager or through a pharmacy services administrative organization or similar entity with which the contracting pharmacy has a contract to provide administrative services for that pharmacy.
Existing law imposes specified requirements on an audit of pharmacy services provided to beneficiaries of a health benefit plan, and defines certain terms for its purposes, including, among others, pharmacy benefit manager. This bill would exempt certain contracts governing the medicines and medical supplies that are required to be provided to injured employees in workers’ compensation cases from these requirements. The bill would also require a pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis to include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list and to provide for an appeal process for the contracting pharmacy, as specified. The bill would also require a pharmacy benefit manager to make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by the pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. The bill would prohibit a drug from being included on a maximum allowable cost list or from being reimbursed on a maximum allowable cost basis unless certain requirements are met, including, but not limited to, that the drug is not obsolete.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4430 of the Business and Professions Code is amended to read: 4430. For purposes of this chapter, the following definitions shall apply: (a) “Carrier” means a health care service plan, as defined in Section 1345 of the Health and Safety Code, or a health insurer that issues policies of health insurance, as defined in Section 106 of the Insurance Code. (b) “Clerical or recordkeeping error” includes a typographical error, scrivener’s error, or computer error in a required document or record. (c) “Extrapolation” means the practice of inferring a frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims. (d) “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 the Health and Safety Code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. (e) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug. (f) “Maximum allowable cost list” means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager. (g) “Obsolete” means a drug that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. (h) “Pharmacy” has the same meaning as provided in Section 4037. (i) “Pharmacy audit” means an audit, either onsite or remotely, of any records of a pharmacy conducted by or on behalf of a carrier or a pharmacy benefits manager, or a representative thereof, for prescription drugs that were dispensed by that pharmacy to beneficiaries of a health benefit plan pursuant to a contract with the health benefit plan or the issuer or administrator thereof. “Pharmacy audit” does not include a concurrent review or desk audit that occurs within three business days of transmission of a claim, or a concurrent review or desk audit where no chargeback or recoupment is demanded. (j) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, health benefit plan sponsor, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, plan sponsor, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. SEC. 2. Section 4432 of the Business and Professions Code is amended to read: 4432. Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code. SEC. 3. Section 4440 is added to the Business and Professions Code, immediately following Section 4439, to read: 4440. (a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with this section. (b) A pharmacy benefit manager shall include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, with the contracting pharmacy information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list. (c) A pharmacy benefit manager shall make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by that pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. (d) A drug shall not be included on a maximum allowable cost list or reimbursed on a maximum allowable cost basis unless all of the following apply: (1) The drug is listed as “A” or “B” rated in the most recent version of the federal Food and Drug Administration’s approved drug products with therapeutic equivalent evaluations, also known as the Orange Book, or has an “NA,” “NR,” or “Z” rating or a similar rating by a nationally recognized pricing reference, such as Medi-Span or First DataBank. (2) The drug is generally available for purchase in the state from a national or regional wholesaler. (3) The drug is not obsolete. (e) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall review and shall make necessary adjustments to the maximum allowable cost of each drug on a maximum allowable cost list using the most recent data sources available at least once every seven days. (f) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall have a clearly defined process for a contracting pharmacy to appeal the maximum allowable cost for a drug on a maximum allowable cost list that includes all of the following: (1) A contracting pharmacy may base its appeal on either of the following: (A) The maximum allowable cost for a drug is below the cost at which the drug is available for purchase by similarly situated pharmacies in the state from a national or regional wholesaler. (B) The drug does not meet the requirements of subdivision (d). (2) A contracting pharmacy shall be provided no less than 14 business days following receipt of payment for the claim upon which the appeal is based to file an appeal with a pharmacy benefit manager. The pharmacy benefit manager shall make a final determination regarding a contracting pharmacy’s appeal within seven business days of the pharmacy benefit manager’s receipt of the appeal. (3) If an appeal is denied by a pharmacy benefit manager, the pharmacy benefit manager shall provide to the contracting pharmacy the reason for the denial and the national drug code (NDC) of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. (4) If an appeal is upheld by a pharmacy benefit manager, the pharmacy benefit manager shall adjust the maximum allowable cost of the appealed drug for the appealing contracting pharmacy and all similarly situated contracting pharmacies in the state within one calendar day of the date of determination. The pharmacy benefit manager shall permit the appealing pharmacy to reverse and resubmit the claim upon which the appeal was based in order to receive the corrected reimbursement. (g) A contracting pharmacy shall not disclose to any third party the maximum allowable cost list and any related information it receives either directly from a pharmacy benefit manager or through a pharmacy services administrative organization or similar entity with which the contracting pharmacy has a contract to provide administrative services for that pharmacy. ### 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 25250.1 of the Health and Safety Code is amended to read: 25250.1. (a) As used in this article, the following terms have the following meaning: (1) (A) “Used oil” means all of the following: (i) Oil that has been refined from crude oil, or any synthetic oil, oil from any source, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. (ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings. (C) “Used oil” does not include any of the following: (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel. (ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil. (II) For purposes of this clause, “de minimis quantities of used oil” are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. (III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters. (iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. (iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater. (v) (I) Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). (III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause authorizes any person to violate the prohibition specified in Section 25250.7. (2) “Board” means the California Integrated Waste Management Board. (3) (A) “Recycled oil” means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive: (i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7. (ii)The recycled oil meets one of the following requirements: (I) The recycled oil is produced by a generator lawfully recycling its oil. (II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B). (III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state. (iii) Has been prepared for reuse and meets all of the following standards: (I) The oil meets the standards of purity set forth in subparagraph (B). (II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B). (III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (IV) The oil is not subject to regulation as a hazardous waste under the federal act. (V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B). (B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards: (i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. (ii) Total lead: 50 mg/kg or less. (iii) Total arsenic: 5 mg/kg or less. (iv) Total chromium: 10 mg/kg or less. (v) Total cadmium: 2 mg/kg or less. (vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. (C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. (D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. (4) “Used oil recycling facility” means a facility that reprocesses or re-refines used oil. (5) “Used oil storage facility” means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil. (6) “Used oil transfer facility” means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3. (7) (A) For purposes of this section and Section 25250.7 only, “contaminated petroleum product” means a product that meets all of the following conditions: (i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. (ii) It has not been used for its original intended purpose. (iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. (B) Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. (b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department: (1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions: (A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). (B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). (C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. (E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19. (F) The used oil is not disposed of or used in a manner constituting disposal. (2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19. (c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria. (d) Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines “used oil” to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. This bill would clarify that the synthetic oil referred to in the definition of “used oil” may be from any source.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25250.1 of the Health and Safety Code is amended to read: 25250.1. (a) As used in this article, the following terms have the following meaning: (1) (A) “Used oil” means all of the following: (i) Oil that has been refined from crude oil, or any synthetic oil, oil from any source, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. (ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings. (C) “Used oil” does not include any of the following: (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel. (ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil. (II) For purposes of this clause, “de minimis quantities of used oil” are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. (III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters. (iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. (iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater. (v) (I) Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). (III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause authorizes any person to violate the prohibition specified in Section 25250.7. (2) “Board” means the California Integrated Waste Management Board. (3) (A) “Recycled oil” means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive: (i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7. (ii)The recycled oil meets one of the following requirements: (I) The recycled oil is produced by a generator lawfully recycling its oil. (II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B). (III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state. (iii) Has been prepared for reuse and meets all of the following standards: (I) The oil meets the standards of purity set forth in subparagraph (B). (II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B). (III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (IV) The oil is not subject to regulation as a hazardous waste under the federal act. (V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B). (B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards: (i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. (ii) Total lead: 50 mg/kg or less. (iii) Total arsenic: 5 mg/kg or less. (iv) Total chromium: 10 mg/kg or less. (v) Total cadmium: 2 mg/kg or less. (vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. (C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. (D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. (4) “Used oil recycling facility” means a facility that reprocesses or re-refines used oil. (5) “Used oil storage facility” means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil. (6) “Used oil transfer facility” means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3. (7) (A) For purposes of this section and Section 25250.7 only, “contaminated petroleum product” means a product that meets all of the following conditions: (i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. (ii) It has not been used for its original intended purpose. (iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. (B) Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. (b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department: (1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions: (A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). (B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). (C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. (E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19. (F) The used oil is not disposed of or used in a manner constituting disposal. (2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19. (c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria. (d) Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. ### Summary: This bill would amend Section 25250.1 of the Health and Safety Code, which exempts certain used oil from regulation by the Department of
The people of the State of California do enact as follows: SECTION 1. Section 1363 of the Government Code is amended to read: 1363. (a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: (1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. (2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. (3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath. (4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district. (b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). (2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office. (d) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. SEC. 2. Section 3105 of the Government Code is amended to read: 3105. (a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. (b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker. (c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. (d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency. (e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). (2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment. SEC. 3. Section 24102 of the Government Code is amended to read: 24102. (a) An appointee shall not act as deputy until: (1) A written appointment by the deputy’s principal is filed with the county clerk. (2) A copy of the appointment is filed with the county auditor, if the auditor has so requested. (3) The deputy has taken the oath of office. (b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment. (d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved. 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.
The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office or affirmation. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. Existing law, in the case of particular officers, requires the oath, after being administered, to be filed in designated offices. This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a legal change in name, delegated authority, or department by an officer or department head of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officer’s departure from office, and would authorize a county board of supervisors to require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. Existing law requires the oath or affirmation of disaster service workers to be filed in designated offices. This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a change in legal name by a disaster service worker of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. Existing law requires the written appointment of a deputy of a county official to be filed as specified. This bill would authorize a county board of supervisors to require a new appointment to be filed within 10 days of a legal change in name, delegated authority, or department by an appointed deputy of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. Violating an oath or affirmation is a crime. Because this bill would expand the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1363 of the Government Code is amended to read: 1363. (a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: (1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. (2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. (3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath. (4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district. (b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). (2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office. (d) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. SEC. 2. Section 3105 of the Government Code is amended to read: 3105. (a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. (b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker. (c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. (d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency. (e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). (2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment. SEC. 3. Section 24102 of the Government Code is amended to read: 24102. (a) An appointee shall not act as deputy until: (1) A written appointment by the deputy’s principal is filed with the county clerk. (2) A copy of the appointment is filed with the county auditor, if the auditor has so requested. (3) The deputy has taken the oath of office. (b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment. (d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved. 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 21628 of the Business and Professions Code is amended to read: 21628. (a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or on the first working day after receipt or purchase of secondhand tangible personal property, on forms or through an electronic reporting system approved by the Department of Justice, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police or to the sheriff, in accordance with the provisions of Sections 21630 and 21633 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information: (1) The name and current address of the intended seller or pledger of the property. (2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: (A) A passport of the United States. (B) A driver’s license issued by any state or Canada. (C) An identification card issued by any state. (D) An identification card issued by the United States. (E) A passport from any other country in addition to another item of identification bearing an address. (F) A Matricula Consular in addition to another item of identification bearing an address. (3) (A) A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. (B) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. (C) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. (4) A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions, and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. (5) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. (6) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. (7) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. (b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. (2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. (c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. (d) (1) The Department of Justice shall, in consultation with appropriate local law enforcement agencies, develop clear and comprehensive descriptive categories denoting tangible personal property, as detailed in this section, subject to the reporting requirements of this section. These categories shall be incorporated by secondhand dealers and coin dealers described in Section 21626 for purposes of the reporting requirements set forth herein. (2) With the consultation by the Department of Justice with local law enforcement agencies and representatives from the secondhand dealer businesses, pursuant to Resolution Chapter 16 of the Statutes of 2010, and upon the availability of sufficient funds in the Secondhand Dealer and Pawnbroker Fund created pursuant to Section 21642.5, the department shall promptly develop a single, statewide, uniform electronic reporting system to be used to transmit these secondhand dealer reports. (3) (A) Except as otherwise provided in this section, any report required of a secondhand dealer shall be transmitted by electronic means. (B) Until the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer may continue to report the information required by this section under the reporting categories described in paragraph (1) in paper format on forms approved of or provided by the Department of Justice. (C) On and after the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer shall electronically report using that system the information required by this section under the reporting categories described in paragraph (2), except that for the first 30 days following the implementation date, each secondhand dealer shall also report the information in paper format as described in subparagraph (B). (4) A coin dealer shall report the information required by this section under the reporting categories described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. (5) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. (6) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (7) of subdivision (a). (e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. 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 provides for the regulation of secondhand dealers, as defined. Existing law makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law requires a secondhand dealer or coin dealer, as defined, to report, as specified, to the chief of police or sheriff all secondhand “tangible personal property,” as defined, purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. Existing law requires the report to include, among other things, the identification of the intended seller or pledger of the property, verified by the person taking the information by reasonably relying on specified documents, and a complete and reasonably accurate description of serialized property, including, but not limited to, the serial number of that property. A violation of these provisions where a person knows or should have known that a violation was being committed is a misdemeanor. This bill would permit the person verifying the identification of the seller or pledger to use technology to obtain information and verify identity remotely. The bill would authorize specified unique identifying numbers to be used as the serial number reported for handheld electronic devices, as defined, and would require the report to the chief of police or sheriff to be updated within 10 days with these unique identifying numbers if they were not available when the report was submitted. Because a violation of this requirement under certain circumstances would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21628 of the Business and Professions Code is amended to read: 21628. (a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or on the first working day after receipt or purchase of secondhand tangible personal property, on forms or through an electronic reporting system approved by the Department of Justice, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police or to the sheriff, in accordance with the provisions of Sections 21630 and 21633 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information: (1) The name and current address of the intended seller or pledger of the property. (2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: (A) A passport of the United States. (B) A driver’s license issued by any state or Canada. (C) An identification card issued by any state. (D) An identification card issued by the United States. (E) A passport from any other country in addition to another item of identification bearing an address. (F) A Matricula Consular in addition to another item of identification bearing an address. (3) (A) A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. (B) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. (C) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. (4) A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions, and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. (5) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. (6) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. (7) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. (b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. (2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. (c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. (d) (1) The Department of Justice shall, in consultation with appropriate local law enforcement agencies, develop clear and comprehensive descriptive categories denoting tangible personal property, as detailed in this section, subject to the reporting requirements of this section. These categories shall be incorporated by secondhand dealers and coin dealers described in Section 21626 for purposes of the reporting requirements set forth herein. (2) With the consultation by the Department of Justice with local law enforcement agencies and representatives from the secondhand dealer businesses, pursuant to Resolution Chapter 16 of the Statutes of 2010, and upon the availability of sufficient funds in the Secondhand Dealer and Pawnbroker Fund created pursuant to Section 21642.5, the department shall promptly develop a single, statewide, uniform electronic reporting system to be used to transmit these secondhand dealer reports. (3) (A) Except as otherwise provided in this section, any report required of a secondhand dealer shall be transmitted by electronic means. (B) Until the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer may continue to report the information required by this section under the reporting categories described in paragraph (1) in paper format on forms approved of or provided by the Department of Justice. (C) On and after the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer shall electronically report using that system the information required by this section under the reporting categories described in paragraph (2), except that for the first 30 days following the implementation date, each secondhand dealer shall also report the information in paper format as described in subparagraph (B). (4) A coin dealer shall report the information required by this section under the reporting categories described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. (5) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. (6) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (7) of subdivision (a). (e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. 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 881 of the Probate Code, as added by Assembly Bill 691 of the 2015–16 Regular Session, is amended to read : 881. (a) Not later than 60 days after receipt of the information required under Section Sections 876 to Section 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. (c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. (d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. (e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: (1) The account belongs to the decedent, principal, or trustee. (2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. (3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the Untied United States Code. (f) (1) A custodian and its officers, employees, and agents are immune from liability for an act (c)Membership lists on the open market are of substantial value, particularly to unscrupulous parties that prey upon time-share owners. (d)Legislation is needed to protect the privacy of time-share owners. SEC. 2. Section 11273 of the Business and Professions Code is amended to read: 11273. (a)Except as provided in subdivision (e), the books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representative, at any reasonable time for a purpose reasonably related to membership in the association. (b)The records shall be made available for inspection at the office where the records are maintained. Upon receipt of an authenticated written request from a member along with the fee prescribed by the governing body to defray the costs of reproduction, the managing entity or other custodian of records of the association or the time-share plan shall prepare and transmit to the member a copy of any and all records requested. (c)The governing body shall establish reasonable rules with respect to all of the following: (1)Notice to be given to the managing entity or other custodian of the records by the member desiring to make the inspection or to obtain copies. (2)Hours and days of the week when a personal inspection of the records may be made. (3)Payment of the cost of reproducing copies of records requested by a member. (d)Every governing body member shall have the absolute right at any time to inspect all books, records, and documents of the association and all real and personal properties owned and controlled by the association. (e)(1)The association shall maintain among its records a complete list of the names and mailing addresses of all owners of time-share interests in the time-share plan. The association shall update this list no less frequently than every six months. The association shall not publish this list or provide a copy of it to any third party, or use or sell the list for commercial purposes. The association shall provide a copy of the list to a member for a purpose reasonably related to membership in the association. However, notwithstanding this requirement, if the association reasonably believes that the recipient of the list will use the list for another purpose or provide a copy or disclose the contents to another party, the association shall refuse to provide the member a copy of the list. (2)(A)If an owner of a time-share interest in the time-share plan makes a request to the association to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, and the board of administration of the association or the managing entity determines that the mailing pertains to a purpose reasonably related to membership in the association, the requested mailing shall be made within 30 days after receipt of a request and payment by the owner of actual costs in accordance with subparagraph (B). If the board or managing entity determines that the requested mailing does not pertain to a purpose reasonably related to membership in the association, the board or the managing entity shall, within 30 days after receipt of the request, notify the requesting owner in writing and shall indicate the reasons for the rejection. (B)The owner who requests the mailing shall pay the association in advance for the association’s actual costs in performing the mailing. The association shall make a good faith effort to minimize the costs of the mailing, including the use of a less expensive delivery method, including electronic delivery. (C)If the board of administration or managing entity does not distribute the requested communication within 30 days after receipt of a request from an owner and payment of actual costs, the superior court in the county where the time-share plan is located may, upon application from the requesting owner, summarily order the distribution of the requested communication. To the extent possible, the superior court shall dispose of an application on an expedited basis. In the event the court orders the distribution of the requested communication, it may order the board or managing entity to pay the owner’s costs, including attorney’s fees reasonably incurred to enforce the owner’s rights, unless the board or the managing entity can prove it refused to distribute the communication in good faith because of a reasonable belief that the requested communication did not pertain to a purpose reasonably related to membership in the association. (D)It is unlawful for the board of administration of the association or managing entity to refuse to distribute a communication requested by an owner if the requested communication would address a purpose reasonably related to membership in the association. (3)Section 8330 of the Corporations Code shall not apply to time-share associations under this chapter. (f)For single site time-share plans and component sites of a multisite time-share plan located outside of the state, the association shall be subject to the provisions set forth in this section. The association must be in compliance with the applicable laws of the state or jurisdiction in which the time-share property or component site is located, and if a conflict exists between laws of the situs state and the requirements set forth in this section, the law of the situs state shall control. If the association and the time-share instruments provide for the matters contained in this section, the association shall be deemed to be in compliance with the requirements of this section and neither the developer nor the association shall be required to make revisions to the time-share instruments in order to comply with the section.
Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. AB 691 of the 2015–16 Regular Session would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act. This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill. The Vacation Ownership and Time-share Act of 2004 requires all records of a time-share plan maintained by a time-share association to be made available for inspection and copying by any member for a purpose reasonably related to membership in the association. Existing law requires the time-share association to maintain among its records a complete list of the names and addresses of all owners of time-share interests in the time-share plan, as specified. Existing law prohibits an association from publishing the owners list or providing a copy of it to any time-share interest owner or to any 3rd party or using or selling the list for commercial purposes, except as provided in the time-share instruments. This bill would require the owner addresses in the list to be mailing addresses, and would prohibit the association from publishing the list or providing a copy of it to any 3rd party or using or selling the list for commercial purposes. The bill would require the association to provide a copy of the list to an owner for a purpose reasonably related to membership in the association, except as specified. The bill would require, if a time-share interest owner makes a request to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, the communication to be made within 30 days of receipt of the request and payment of actual costs in performing the mailing. The bill would require, if the purpose is not reasonably related, the board of administration of the association or the managing entity to notify the requesting owner of the rejection. The bill would authorize a court to summarily order the distribution of the requested communication if it is not distributed within 30 days after receipt of a request from an owner and payment of actual costs. The bill would also specify that certain provisions of the Nonprofit Mutual Benefit Corporation Law pertaining to the list of names, addresses, and voting rights of members of a nonprofit mutual benefit corporation do not apply to time-share associations under the Vacation Ownership and Time-share Act of 2004.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 881 of the Probate Code, as added by Assembly Bill 691 of the 2015–16 Regular Session, is amended to read : 881. (a) Not later than 60 days after receipt of the information required under Section Sections 876 to Section 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. (c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. (d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. (e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: (1) The account belongs to the decedent, principal, or trustee. (2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. (3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the Untied United States Code. (f) (1) A custodian and its officers, employees, and agents are immune from liability for an act (c)Membership lists on the open market are of substantial value, particularly to unscrupulous parties that prey upon time-share owners. (d)Legislation is needed to protect the privacy of time-share owners. SEC. 2. Section 11273 of the Business and Professions Code is amended to read: 11273. (a)Except as provided in subdivision (e), the books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representative, at any reasonable time for a purpose reasonably related to membership in the association. (b)The records shall be made available for inspection at the office where the records are maintained. Upon receipt of an authenticated written request from a member along with the fee prescribed by the governing body to defray the costs of reproduction, the managing entity or other custodian of records of the association or the time-share plan shall prepare and transmit to the member a copy of any and all records requested. (c)The governing body shall establish reasonable rules with respect to all of the following: (1)Notice to be given to the managing entity or other custodian of the records by the member desiring to make the inspection or to obtain copies. (2)Hours and days of the week when a personal inspection of the records may be made. (3)Payment of the cost of reproducing copies of records requested by a member. (d)Every governing body member shall have the absolute right at any time to inspect all books, records, and documents of the association and all real and personal properties owned and controlled by the association. (e)(1)The association shall maintain among its records a complete list of the names and mailing addresses of all owners of time-share interests in the time-share plan. The association shall update this list no less frequently than every six months. The association shall not publish this list or provide a copy of it to any third party, or use or sell the list for commercial purposes. The association shall provide a copy of the list to a member for a purpose reasonably related to membership in the association. However, notwithstanding this requirement, if the association reasonably believes that the recipient of the list will use the list for another purpose or provide a copy or disclose the contents to another party, the association shall refuse to provide the member a copy of the list. (2)(A)If an owner of a time-share interest in the time-share plan makes a request to the association to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, and the board of administration of the association or the managing entity determines that the mailing pertains to a purpose reasonably related to membership in the association, the requested mailing shall be made within 30 days after receipt of a request and payment by the owner of actual costs in accordance with subparagraph (B). If the board or managing entity determines that the requested mailing does not pertain to a purpose reasonably related to membership in the association, the board or the managing entity shall, within 30 days after receipt of the request, notify the requesting owner in writing and shall indicate the reasons for the rejection. (B)The owner who requests the mailing shall pay the association in advance for the association’s actual costs in performing the mailing. The association shall make a good faith effort to minimize the costs of the mailing, including the use of a less expensive delivery method, including electronic delivery. (C)If the board of administration or managing entity does not distribute the requested communication within 30 days after receipt of a request from an owner and payment of actual costs, the superior court in the county where the time-share plan is located may, upon application from the requesting owner, summarily order the distribution of the requested communication. To the extent possible, the superior court shall dispose of an application on an expedited basis. In the event the court orders the distribution of the requested communication, it may order the board or managing entity to pay the owner’s costs, including attorney’s fees reasonably incurred to enforce the owner’s rights, unless the board or the managing entity can prove it refused to distribute the communication in good faith because of a reasonable belief that the requested communication did not pertain to a purpose reasonably related to membership in the association. (D)It is unlawful for the board of administration of the association or managing entity to refuse to distribute a communication requested by an owner if the requested communication would address a purpose reasonably related to membership in the association. (3)Section 8330 of the Corporations Code shall not apply to time-share associations under this chapter. (f)For single site time-share plans and component sites of a multisite time-share plan located outside of the state, the association shall be subject to the provisions set forth in this section. The association must be in compliance with the applicable laws of the state or jurisdiction in which the time-share property or component site is located, and if a conflict exists between laws of the situs state and the requirements set forth in this section, the law of the situs state shall control. If the association and the time-share instruments provide for the matters contained in this section, the association shall be deemed to be in compliance with the requirements of this section and neither the developer nor the association shall be required to make revisions to the time-share instruments in order to comply with the section. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 881 of
The people of the State of California do enact as follows: SECTION 1. Section 67380 of the Education Code is amended to read: 67380. (a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following: (1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following: (A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. (B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities. (2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following: (A) A description of the act of hate violence. (B) Victim characteristics. (C) Offender characteristics, if known. (3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to subdivision (f) of Section 6254 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding subdivision (f) of Section 6254 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor. (B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in subdivision (f) of Section 6254 of the Government Code. (4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. (5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, transmit a report containing a compilation of that information to the Legislative Analyst’s Office no later than January 1 of each year and shall make the report available to the general public on the Internet Web site of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations. (6) (A) Notwithstanding subdivision (f) of Section 6254 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure: (i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution. (ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. (B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. (C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42. (b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information. (c) For purposes of this section: (1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group. (2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. (d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students. (e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students. (f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.
Existing law requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing boards of postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities. Existing law requires, as a condition of participation in a specified financial aid program, any report by a victim of a Part 1 violent crime, sexual assault, or hate crime, as defined, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. Existing law prohibits this report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified. This bill would authorize the identification of the alleged assailant, even if the victim does not consent to being identified, if the institution determines both that the alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution, and that the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. In that case, the bill would require the institution, as a condition of participation in the financial aid program, to disclose the identity of the alleged assailant to the local law enforcement agency and to immediately inform the victim of that disclosure. This bill also would make conforming and nonsubstantive changes.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 67380 of the Education Code is amended to read: 67380. (a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following: (1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following: (A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. (B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities. (2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following: (A) A description of the act of hate violence. (B) Victim characteristics. (C) Offender characteristics, if known. (3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to subdivision (f) of Section 6254 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding subdivision (f) of Section 6254 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor. (B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in subdivision (f) of Section 6254 of the Government Code. (4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. (5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, transmit a report containing a compilation of that information to the Legislative Analyst’s Office no later than January 1 of each year and shall make the report available to the general public on the Internet Web site of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations. (6) (A) Notwithstanding subdivision (f) of Section 6254 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure: (i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution. (ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. (B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. (C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42. (b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information. (c) For purposes of this section: (1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group. (2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. (d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students. (e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students. (f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section. ### Summary: This text is a summary of the bill. ### Text: The people of the State of California do enact as follows: SECTION 1.
The people of the State of California do enact as follows: SECTION 1. Section 25218.1 of the Health and Safety Code is amended to read: 25218.1. For purposes of this article, the following terms have the following meanings: (a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. (b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. (c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: (1) The program or service is operated by a public agency or its contractor. (2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. (3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste transporter, transporter to either of the following: (i) An authorized household hazardous waste collection facility. (ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. (d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. (e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. (f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection program programs or household hazardous waste residential pickup service services , as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). (g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: (1) The facility is operated not more than four times in any one calendar year at the same location. (2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. (3) Upon the termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. (h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: (1) The facility is operated at the same location on a continuous, regular schedule. (2) The hazardous waste stored at the facility is removed within one year after collection. (i) “Public agency” means a state or federal agency, county, city, or district. (j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. (k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. (l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. (m) “Recyclable household hazardous waste material” means any of the following: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Antifreeze. (5) Spent lead-acid batteries. (6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. (n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. (o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). (p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: (1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. (2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.
Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. This bill would make nonsubstantive changes to the definitions pertaining to those provisions.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25218.1 of the Health and Safety Code is amended to read: 25218.1. For purposes of this article, the following terms have the following meanings: (a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. (b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. (c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: (1) The program or service is operated by a public agency or its contractor. (2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. (3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste transporter, transporter to either of the following: (i) An authorized household hazardous waste collection facility. (ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. (d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. (e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. (f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection program programs or household hazardous waste residential pickup service services , as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). (g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: (1) The facility is operated not more than four times in any one calendar year at the same location. (2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. (3) Upon the termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. (h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: (1) The facility is operated at the same location on a continuous, regular schedule. (2) The hazardous waste stored at the facility is removed within one year after collection. (i) “Public agency” means a state or federal agency, county, city, or district. (j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. (k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. (l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. (m) “Recyclable household hazardous waste material” means any of the following: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Antifreeze. (5) Spent lead-acid batteries. (6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. (n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. (o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). (p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: (1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. (2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2521
The people of the State of California do enact as follows: SECTION 1. Section 117748 is added to the Health and Safety Code, to read: 117748. “Pharmaceutical incinerator” means a treatment device that solely incinerates pharmaceutical waste, as defined in Section 117690, that renders the pharmaceutical waste as solid waste. SEC. 2. Section 118215 of the Health and Safety Code is amended to read: 118215. (a) Except as provided in subdivisions (b) and (c), a person generating or treating medical waste shall ensure that the medical waste is treated by one of the following methods, thereby rendering it solid waste, as defined in Section 40191 of the Public Resources Code, prior to disposal: (1) (A) Incineration at a permitted medical waste treatment facility in a controlled-air, multichamber incinerator, or other method of incineration approved by the department which provides complete combustion of the waste into carbonized or mineralized ash. (B) Treatment with an alternative technology approved pursuant to paragraph (3), which, due to the extremely high temperatures of treatment in excess of 1300 degrees Fahrenheit, has received express approval from the department. (2) Steam sterilization at a permitted medical waste treatment facility or by other sterilization, in accordance with all of the following operating procedures for steam sterilizers or other sterilization: (A) Standard written operating procedures shall be established for biological indicators, or for other indicators of adequate sterilization approved by the department, for each steam sterilizer, including time, temperature, pressure, type of waste, type of container, closure on container, pattern of loading, water content, and maximum load quantity. (B) Recording or indicating thermometers shall be checked during each complete cycle to ensure the attainment of 121° Centigrade (250° Fahrenheit) for at least one-half hour, depending on the quantity and density of the load, to achieve sterilization of the entire load. Thermometers, thermocouples, or other monitoring devices identified in the facility operating plan shall be checked for calibration annually. Records of the calibration checks shall be maintained as part of the facility’s files and records for a period of two years or for the period specified in the regulations. (C) Heat-sensitive tape, or another method acceptable to the enforcement agency, shall be used on each biohazard bag or sharps container that is processed onsite to indicate that the waste went through heat treatment. If the biohazard bags or sharps containers are placed in a large liner bag within the autoclave for treatment, heat-sensitive tape or another method acceptable to the enforcement agency only needs to be placed on the liner bag and not on every hazardous waste bag or sharps container being treated. (D) The biological indicator Geobacillus stearothermophilus, or other indicator of adequate sterilization as approved by the department, shall be placed at the center of a load processed under standard operating conditions at least monthly to confirm the attainment of adequate sterilization conditions. (E) Records of the procedures specified in subparagraphs (A), (B), and (D) shall be maintained for a period of not less than two years. (3) (A) Other alternative medical waste treatment methods which are both of the following: (i) Approved by the department. (ii) Result in the destruction of pathogenic micro-organisms. (B) Any alternative medical waste treatment method proposed to the department shall be evaluated by the department and either approved or rejected pursuant to the criteria specified in this subdivision. (C) Any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, shall be evaluated and approved by the department with regard to the necessary treatment of pharmaceuticals. By June 1, 2017, the department shall complete the first evaluation and approval of these alternative medical waste treatments, including a pharmaceutical incinerator. In evaluating any alternative medical waste treatment, the department shall consult with the State Water Resources Control Board, the Department of Toxic Substances Control, the State Air Resources Board, and local air quality management districts to ensure compliance with all other applicable environmental quality laws prior to approval of the alternative medical waste treatment. (b) Fluid blood or fluid blood products may be discharged to a public sewage system without treatment if its discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water quality control board with jurisdiction. (c) (1) A medical waste that is a biohazardous laboratory waste, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 117690, may be treated by a chemical disinfection if the waste is liquid or semiliquid and the chemical disinfection method is recognized by the National Institutes of Health, the Centers for Disease Control and Prevention, or the American Biological Safety Association, and if the use of chemical disinfection as a treatment method is identified in the site’s medical waste management plan. (2) If the waste is not treated by chemical disinfection, in accordance with paragraph (1), the waste shall be treated by one of the methods specified in subdivision (a). (3) Following treatment by chemical disinfection, the medical waste may be discharged to the public sewage system if the discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water control board, and the discharge is in compliance with the requirements imposed by the owner or operator of the public sewage system. If the chemical disinfection of the medical waste causes the waste to become a hazardous waste, the waste shall be managed in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20. SEC. 3. Section 118217 is added to the Health and Safety Code, to read: 118217. A law enforcement agency that operates a prescription drug takeback program may utilize up to four times per year a pharmaceutical incinerator that is evaluated and approved by the department pursuant to Section 118215. 118215 and that complies with all other applicable federal and state laws and local ordinances.
Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring medical waste to be treated by specified methods prior to disposal, including incineration in a controlled-air, multichamber incinerator, or other method of incineration approved by the State Department of Public Health that provides complete combustion of the waste into carbonized or mineralized ash. This bill would include among those authorized treatment methods any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, as defined, and would require this method to be evaluated and approved by the State Department of Public Health. The bill would require the department to complete the first evaluation and approval of these alternative medical waste treatments solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, by June 1, 2017. 2017, and would require the department to consult with specified entities, including the Department of Toxic Substances Control and the State Air Resources Board, in the evaluation to ensure compliance with all other applicable environmental quality laws. The bill would authorize a law enforcement agency that operates a prescription drug takeback program to utilize a pharmaceutical incinerator up to 4 times per year if the incinerator is evaluated and approved by the department. department and complies with all other applicable federal and state laws and local ordinances.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 117748 is added to the Health and Safety Code, to read: 117748. “Pharmaceutical incinerator” means a treatment device that solely incinerates pharmaceutical waste, as defined in Section 117690, that renders the pharmaceutical waste as solid waste. SEC. 2. Section 118215 of the Health and Safety Code is amended to read: 118215. (a) Except as provided in subdivisions (b) and (c), a person generating or treating medical waste shall ensure that the medical waste is treated by one of the following methods, thereby rendering it solid waste, as defined in Section 40191 of the Public Resources Code, prior to disposal: (1) (A) Incineration at a permitted medical waste treatment facility in a controlled-air, multichamber incinerator, or other method of incineration approved by the department which provides complete combustion of the waste into carbonized or mineralized ash. (B) Treatment with an alternative technology approved pursuant to paragraph (3), which, due to the extremely high temperatures of treatment in excess of 1300 degrees Fahrenheit, has received express approval from the department. (2) Steam sterilization at a permitted medical waste treatment facility or by other sterilization, in accordance with all of the following operating procedures for steam sterilizers or other sterilization: (A) Standard written operating procedures shall be established for biological indicators, or for other indicators of adequate sterilization approved by the department, for each steam sterilizer, including time, temperature, pressure, type of waste, type of container, closure on container, pattern of loading, water content, and maximum load quantity. (B) Recording or indicating thermometers shall be checked during each complete cycle to ensure the attainment of 121° Centigrade (250° Fahrenheit) for at least one-half hour, depending on the quantity and density of the load, to achieve sterilization of the entire load. Thermometers, thermocouples, or other monitoring devices identified in the facility operating plan shall be checked for calibration annually. Records of the calibration checks shall be maintained as part of the facility’s files and records for a period of two years or for the period specified in the regulations. (C) Heat-sensitive tape, or another method acceptable to the enforcement agency, shall be used on each biohazard bag or sharps container that is processed onsite to indicate that the waste went through heat treatment. If the biohazard bags or sharps containers are placed in a large liner bag within the autoclave for treatment, heat-sensitive tape or another method acceptable to the enforcement agency only needs to be placed on the liner bag and not on every hazardous waste bag or sharps container being treated. (D) The biological indicator Geobacillus stearothermophilus, or other indicator of adequate sterilization as approved by the department, shall be placed at the center of a load processed under standard operating conditions at least monthly to confirm the attainment of adequate sterilization conditions. (E) Records of the procedures specified in subparagraphs (A), (B), and (D) shall be maintained for a period of not less than two years. (3) (A) Other alternative medical waste treatment methods which are both of the following: (i) Approved by the department. (ii) Result in the destruction of pathogenic micro-organisms. (B) Any alternative medical waste treatment method proposed to the department shall be evaluated by the department and either approved or rejected pursuant to the criteria specified in this subdivision. (C) Any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, shall be evaluated and approved by the department with regard to the necessary treatment of pharmaceuticals. By June 1, 2017, the department shall complete the first evaluation and approval of these alternative medical waste treatments, including a pharmaceutical incinerator. In evaluating any alternative medical waste treatment, the department shall consult with the State Water Resources Control Board, the Department of Toxic Substances Control, the State Air Resources Board, and local air quality management districts to ensure compliance with all other applicable environmental quality laws prior to approval of the alternative medical waste treatment. (b) Fluid blood or fluid blood products may be discharged to a public sewage system without treatment if its discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water quality control board with jurisdiction. (c) (1) A medical waste that is a biohazardous laboratory waste, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 117690, may be treated by a chemical disinfection if the waste is liquid or semiliquid and the chemical disinfection method is recognized by the National Institutes of Health, the Centers for Disease Control and Prevention, or the American Biological Safety Association, and if the use of chemical disinfection as a treatment method is identified in the site’s medical waste management plan. (2) If the waste is not treated by chemical disinfection, in accordance with paragraph (1), the waste shall be treated by one of the methods specified in subdivision (a). (3) Following treatment by chemical disinfection, the medical waste may be discharged to the public sewage system if the discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water control board, and the discharge is in compliance with the requirements imposed by the owner or operator of the public sewage system. If the chemical disinfection of the medical waste causes the waste to become a hazardous waste, the waste shall be managed in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20. SEC. 3. Section 118217 is added to the Health and Safety Code, to read: 118217. A law enforcement agency that operates a prescription drug takeback program may utilize up to four times per year a pharmaceutical incinerator that is evaluated and approved by the department pursuant to Section 118215. 118215 and that complies with all other applicable federal and state laws and local ordinances. ### 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 53075.5 of the Government Code is amended to read: 53075.5. (a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county. (b) Each city or county shall provide for, but is not limited to providing for, the following: (1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions: (A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver’s permit. (B) The driver’s permit shall become void upon termination of employment. (C) The driver’s permit shall state the name of the employer. (D) The employer shall notify the city or county upon termination of employment. (E) The driver shall return the permit to the city or county upon termination of employment. (2) The establishment or registration of rates for the provision of taxicab transportation service. (3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements: (i) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. (ii) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. (iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. (iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results. (v) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. (vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing. (vii) Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction. (B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. (d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction. (e) For purposes of this section, “employment” includes self-employment as an independent driver. (f) This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. SEC. 2. Section 53075.71 is added to the Government Code, to read: 53075.71. (a) Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows: (1) Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created. (2) Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually. (3) A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab. (4) A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails. (5) A city or county may set a maximum fare structure for taxicab transportation services, subject to the following: (A) The maximum fares shall not be lower than the fares that existed on July 1, 2016. (B) A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure. (6) A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application. (7) Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a city’s or county’s jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect. (b) Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco. SEC. 3. Section 53075.72 is added to the Government Code, to read: 53075.72. It is the intent of the Legislature that: (a) Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation. (b) Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governor’s reorganization of transportation. (c) Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation. (d) The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation. (e) Conforming changes shall be made to this code and other codes. (f) A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation. SEC. 4. The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties. SEC. 5. 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 medallion system of the City and County of San Francisco. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified. This bill would make those provisions inapplicable to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of a state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. The bill would require taxicab transportation services and taxicab drivers to be subject to rules or regulations adopted by cities and counties as they existed on July 1, 2016, except for requirements specified in the bill that would apply to cities and counties, including charter cities and counties, other than the City and County of San Francisco. By imposing new duties on local governments, this bill would impose a state-mandated local program. The bill would declare that its provisions are a matter of statewide concern and not a municipal affair. The bill would declare the intent of the Legislature that, among other things, regulation of taxicab transportation services shall be modernized and moved to one state agency. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. 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 53075.5 of the Government Code is amended to read: 53075.5. (a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county. (b) Each city or county shall provide for, but is not limited to providing for, the following: (1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions: (A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver’s permit. (B) The driver’s permit shall become void upon termination of employment. (C) The driver’s permit shall state the name of the employer. (D) The employer shall notify the city or county upon termination of employment. (E) The driver shall return the permit to the city or county upon termination of employment. (2) The establishment or registration of rates for the provision of taxicab transportation service. (3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements: (i) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. (ii) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. (iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. (iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results. (v) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. (vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing. (vii) Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction. (B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. (d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction. (e) For purposes of this section, “employment” includes self-employment as an independent driver. (f) This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. SEC. 2. Section 53075.71 is added to the Government Code, to read: 53075.71. (a) Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows: (1) Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created. (2) Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually. (3) A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab. (4) A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails. (5) A city or county may set a maximum fare structure for taxicab transportation services, subject to the following: (A) The maximum fares shall not be lower than the fares that existed on July 1, 2016. (B) A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure. (6) A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application. (7) Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a city’s or county’s jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect. (b) Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco. SEC. 3. Section 53075.72 is added to the Government Code, to read: 53075.72. It is the intent of the Legislature that: (a) Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation. (b) Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governor’s reorganization of transportation. (c) Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation. (d) The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation. (e) Conforming changes shall be made to this code and other codes. (f) A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation. SEC. 4. The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties. SEC. 5. 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 medallion system of the City and County of San Francisco. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill amends the Government Code to require cities and counties to adopt ordinances or resolutions in regard to taxicab transportation services. The bill also requires cities and counties
The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature that the County of Sacramento notify and consult with the Amador County Transportation Commission, the Counties of Amador, Calaveras, and Alpine, the Cities of Plymouth, Amador City, Sutter Creek, and Jackson, and other relevant parties about any proposed relinquishment of Route 16 to the County of Sacramento as provided in this act. SEC. 2. Section 316 of the Streets and Highways Code is amended to read: 316. (a) Route 16 is from: (1) Route 20 to Route 5 near Woodland via Rumsey and Woodland. (2) Route 50 near Perkins to Route 49 near Drytown. (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Sacramento the portion of Route 16 that is located within the city limits of that city if the city agrees to accept it. The following conditions shall apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. (5) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. (6) The City of Sacramento shall maintain the Surface Transportation Assistance Act (STAA) truck route designation for the portion of Route 16 relinquished that previously held that designation. (c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the County of Sacramento the portion of Route 16 that is within the unincorporated area of the county and between the general easterly city limits of the City of Sacramento, approximately post mile 3.3, and 0.2 miles east of Grant Line Road, approximately post mile 12.7, if the county agrees to accept it. (2) The following conditions shall apply upon relinquishment: (A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (B) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (C) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (D) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. (E) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. (F) The County of Sacramento shall maintain the STAA truck route designation for the portion of Route 16 relinquished that previously held that designation. (G) The County of Sacramento shall ensure the continuity of traffic flow on the relinquished portion of Route 16 within its jurisdiction, including, but not limited to, any traffic signal progression. (H) Any relinquishment agreement shall require that the County of Sacramento administer the operation and maintenance of the roadway in a manner that is consistent with professional traffic engineering standards. (I) Any relinquishment agreement shall require the County of Sacramento to ensure that appropriate traffic studies or analyses will be performed to substantiate decisions affecting traffic on the roadway. (d) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Rancho Cordova the portion of Route 16 that is within the city limits of the city between Sunrise Boulevard, approximately post mile 11.5, and Grant Line Road, approximately post mile 12.5, if the city agrees to accept it. The following conditions shall apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) For the portion of Route 16 relinquished under this subdivision, the City of Rancho Cordova shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.
Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. Existing law authorizes the commission to relinquish to the County of Sacramento the portion of State Highway Route 16 that is located within the unincorporated area of the county, east of the City of Sacramento boundary and west of Watt Avenue, under certain conditions. This bill would revise this authorization to apply to a specified portion of State Highway Route 16 that is located within the unincorporated area of the county, between the general easterly city limits of the City of Sacramento and near Grant Line Road, and would impose additional conditions on the relinquishment. The bill would state the intent of the Legislature in this regard. This bill would also authorize the commission to relinquish to the City of Rancho Cordova a specified portion of State Highway Route 16, under certain conditions.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature that the County of Sacramento notify and consult with the Amador County Transportation Commission, the Counties of Amador, Calaveras, and Alpine, the Cities of Plymouth, Amador City, Sutter Creek, and Jackson, and other relevant parties about any proposed relinquishment of Route 16 to the County of Sacramento as provided in this act. SEC. 2. Section 316 of the Streets and Highways Code is amended to read: 316. (a) Route 16 is from: (1) Route 20 to Route 5 near Woodland via Rumsey and Woodland. (2) Route 50 near Perkins to Route 49 near Drytown. (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Sacramento the portion of Route 16 that is located within the city limits of that city if the city agrees to accept it. The following conditions shall apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. (5) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. (6) The City of Sacramento shall maintain the Surface Transportation Assistance Act (STAA) truck route designation for the portion of Route 16 relinquished that previously held that designation. (c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the County of Sacramento the portion of Route 16 that is within the unincorporated area of the county and between the general easterly city limits of the City of Sacramento, approximately post mile 3.3, and 0.2 miles east of Grant Line Road, approximately post mile 12.7, if the county agrees to accept it. (2) The following conditions shall apply upon relinquishment: (A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (B) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (C) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (D) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. (E) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. (F) The County of Sacramento shall maintain the STAA truck route designation for the portion of Route 16 relinquished that previously held that designation. (G) The County of Sacramento shall ensure the continuity of traffic flow on the relinquished portion of Route 16 within its jurisdiction, including, but not limited to, any traffic signal progression. (H) Any relinquishment agreement shall require that the County of Sacramento administer the operation and maintenance of the roadway in a manner that is consistent with professional traffic engineering standards. (I) Any relinquishment agreement shall require the County of Sacramento to ensure that appropriate traffic studies or analyses will be performed to substantiate decisions affecting traffic on the roadway. (d) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Rancho Cordova the portion of Route 16 that is within the city limits of the city between Sunrise Boulevard, approximately post mile 11.5, and Grant Line Road, approximately post mile 12.5, if the city agrees to accept it. The following conditions shall apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. (3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) For the portion of Route 16 relinquished under this subdivision, the City of Rancho Cordova shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. ### 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 19227 of the Food and Agricultural Code is amended to read: 19227. (a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee necessary to cover the reasonable costs of administering Article 6 (commencing with Section 19300) and Article 6.5 (commencing with Section 19310). The additional fees authorized to be imposed by this section may not exceed ten thousand dollars ($10,000) per year per each licensed rendering plant or collection center. (b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the additional fee amounts necessary to provide the revenue needed to carry out the provisions of this chapter specified in subdivision (a). The secretary and the Rendering Industry Advisory Board shall not exceed the maximum amount for additional fees authorized pursuant to subdivision (a). Setting the additional fee or fees shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. (c) The secretary shall fix the additional fee amounts established pursuant to this section and may fix different fees for renderers and collection centers. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) and an additional fee is imposed on registered transporters pursuant to subdivision (a) of Section 19315, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to Article 6.5 (commencing with Section 19310), which fee shall be the higher of the two fees. (d) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. (e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 19312 of the Food and Agricultural Code is amended to read: 19312. (a) Registration shall be made with the department and shall include all of the following: (1) The applicant’s name and address. (2) A description of the operations to be performed by the applicant. (3) The vehicles to be used in the transportation. (4) A registration fee not to exceed two hundred fifty dollars ($250). (5) A list of the names of the drivers employed by the transporter who transport inedible kitchen grease subject to this article and their drivers’ license numbers. (6) Any other information that may be required by the department. (b) Any renderer or collection center that registers pursuant to this article is not required to pay the fee prescribed in this section. (c) The department may refuse to issue an original or renewal registration certificate to an applicant for either of the following reasons: (1) The existence of the grounds specified in subdivisions (a) to (e), inclusive, of Section 19314. (2) A failure to pay, in full by the established due date, any penalty levied by the department for a previous violation of this article or Article 6 (commencing with Section 19300). (d) (1) The applicant may appeal the decision of the department to refuse to register the applicant. (2) The department shall establish procedures for the appeals process, to include a noticed hearing. (3) The department may reverse a decision to refuse to register the applicant, upon a finding of good cause to do so. (e) The department shall adopt regulations that specify the maximum time period for which a refusal of registrations may be imposed, based on the severity or the number of violations that are the basis of the department’s action. The time period for the refusal of registration shall not exceed three years from the date the refusal of registration is imposed. SEC. 3. Section 19315 of the Food and Agricultural Code is amended to read: 19315. (a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover the costs of administering this article. Any additional fee charged pursuant to this section shall not exceed five hundred dollars ($500) per year per vehicle that is operated to transport kitchen grease, and shall not exceed ten thousand dollars ($10,000) per year per registered transporter. (b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the specific fee per vehicle necessary to provide the revenue needed to carry out the provisions of this article. The secretary and the Rendering Industry Advisory Board shall not exceed the maximum fee amounts established by this section. Setting the fee amounts authorized pursuant to subdivision (a) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. (c) An individual registered pursuant to this article who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel is exempt from 75 percent of the fee charged pursuant to subdivision (a), and shall meet all of the following requirements: (1) The individual shall meet all other requirements of this article. (2) The individual shall not transport more than 55 gallons of inedible kitchen grease per load for that purpose, and shall have no more than 165 gallons of inedible kitchen grease in his or her possession or control at any time. (3) The individual shall not take any inedible kitchen grease from a container owned by another registered transporter of inedible kitchen grease or from an inedible kitchen grease provider under contract with a registered transporter of inedible kitchen grease or from a container owned by a renderer or collection center. (4) The individual shall have a document in his or her possession while transporting inedible kitchen grease signed by the responsible party providing the inedible kitchen grease to the individual at the source of the inedible kitchen grease that provides permission for the inedible kitchen grease to be removed from that site. (5) The individual shall specify where the inedible kitchen grease is stored and processed as an alternative fuel, if that address is different from the address included on the registration form for that individual pursuant to Section 19312. (6) The individual shall not sell, barter, or trade any inedible kitchen grease. (d) The secretary shall fix the additional fees established pursuant to this section and may fix different fees for transporters of inedible kitchen grease and collection centers, and for transporters of interceptor grease. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) of Section 19227 and an additional fee is imposed on registered transporters pursuant to subdivision (a) of this section, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to this article, which fee shall be the higher of the two fees. (e) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. (f) For purposes of this section, “interceptor grease” means inedible kitchen grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor. (g) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.
(1) Existing law regulates rendering, which is defined as the recycling, processing, and conversion of, among other things, inedible kitchen grease. Existing law, operative until July 1, 2020, authorizes the Department of Food and Agriculture, in addition to the license fee, to charge each licensed renderer and collection center an additional fee to cover the reasonable costs of administering provisions regulating renderers, collection centers, and transporters of inedible kitchen grease, and requires that the additional fees may not exceed $3,000 per year. This bill would increase the maximum amount of these additional fees to $10,000 per year. (2) Existing law requires transporters of inedible kitchen grease to be registered and to pay a $100 registration fee. Existing law, operative until July 1, 2020, authorizes the department, except as specified, to charge an additional fee not to exceed $300 per year per vehicle that is operated to transport kitchen grease for purposes of administering the provisions regulating these transporters, up to a maximum of $3,000 per year per registered transporter. This bill would increase the registration fee for transporters of inedible kitchen grease to not to exceed $250. The bill would also increase the additional fee to not to exceed $500 per year per vehicle that is operated to transport kitchen grease and the maximum to not exceed $10,000 per year per registered transporter. (3) This bill would also authorize the Secretary of Food and Agriculture, based upon the findings and recommendation of the Rendering Industry Advisory Board, to determine the additional fee amounts, as described above under (1) and (2), necessary to provide the revenue needed to carry out these provisions. The bill would require the secretary and the board to not exceed the maximum amount for additional fees authorized pursuant to these provisions. The bill would provide that the secretary shall only have the authority to raise an additional fee upon recommendation of the board. The bill would exempt the setting of these additional fees from the requirements of the Administrative Procedure Act. (4) Existing law requires fees collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes described above. By increasing these additional fees and the registration fee for transporters of inedible kitchen grease, which are deposited into a continuously appropriated fund, the bill would make an appropriation.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 19227 of the Food and Agricultural Code is amended to read: 19227. (a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee necessary to cover the reasonable costs of administering Article 6 (commencing with Section 19300) and Article 6.5 (commencing with Section 19310). The additional fees authorized to be imposed by this section may not exceed ten thousand dollars ($10,000) per year per each licensed rendering plant or collection center. (b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the additional fee amounts necessary to provide the revenue needed to carry out the provisions of this chapter specified in subdivision (a). The secretary and the Rendering Industry Advisory Board shall not exceed the maximum amount for additional fees authorized pursuant to subdivision (a). Setting the additional fee or fees shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. (c) The secretary shall fix the additional fee amounts established pursuant to this section and may fix different fees for renderers and collection centers. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) and an additional fee is imposed on registered transporters pursuant to subdivision (a) of Section 19315, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to Article 6.5 (commencing with Section 19310), which fee shall be the higher of the two fees. (d) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. (e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 19312 of the Food and Agricultural Code is amended to read: 19312. (a) Registration shall be made with the department and shall include all of the following: (1) The applicant’s name and address. (2) A description of the operations to be performed by the applicant. (3) The vehicles to be used in the transportation. (4) A registration fee not to exceed two hundred fifty dollars ($250). (5) A list of the names of the drivers employed by the transporter who transport inedible kitchen grease subject to this article and their drivers’ license numbers. (6) Any other information that may be required by the department. (b) Any renderer or collection center that registers pursuant to this article is not required to pay the fee prescribed in this section. (c) The department may refuse to issue an original or renewal registration certificate to an applicant for either of the following reasons: (1) The existence of the grounds specified in subdivisions (a) to (e), inclusive, of Section 19314. (2) A failure to pay, in full by the established due date, any penalty levied by the department for a previous violation of this article or Article 6 (commencing with Section 19300). (d) (1) The applicant may appeal the decision of the department to refuse to register the applicant. (2) The department shall establish procedures for the appeals process, to include a noticed hearing. (3) The department may reverse a decision to refuse to register the applicant, upon a finding of good cause to do so. (e) The department shall adopt regulations that specify the maximum time period for which a refusal of registrations may be imposed, based on the severity or the number of violations that are the basis of the department’s action. The time period for the refusal of registration shall not exceed three years from the date the refusal of registration is imposed. SEC. 3. Section 19315 of the Food and Agricultural Code is amended to read: 19315. (a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover the costs of administering this article. Any additional fee charged pursuant to this section shall not exceed five hundred dollars ($500) per year per vehicle that is operated to transport kitchen grease, and shall not exceed ten thousand dollars ($10,000) per year per registered transporter. (b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the specific fee per vehicle necessary to provide the revenue needed to carry out the provisions of this article. The secretary and the Rendering Industry Advisory Board shall not exceed the maximum fee amounts established by this section. Setting the fee amounts authorized pursuant to subdivision (a) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. (c) An individual registered pursuant to this article who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel is exempt from 75 percent of the fee charged pursuant to subdivision (a), and shall meet all of the following requirements: (1) The individual shall meet all other requirements of this article. (2) The individual shall not transport more than 55 gallons of inedible kitchen grease per load for that purpose, and shall have no more than 165 gallons of inedible kitchen grease in his or her possession or control at any time. (3) The individual shall not take any inedible kitchen grease from a container owned by another registered transporter of inedible kitchen grease or from an inedible kitchen grease provider under contract with a registered transporter of inedible kitchen grease or from a container owned by a renderer or collection center. (4) The individual shall have a document in his or her possession while transporting inedible kitchen grease signed by the responsible party providing the inedible kitchen grease to the individual at the source of the inedible kitchen grease that provides permission for the inedible kitchen grease to be removed from that site. (5) The individual shall specify where the inedible kitchen grease is stored and processed as an alternative fuel, if that address is different from the address included on the registration form for that individual pursuant to Section 19312. (6) The individual shall not sell, barter, or trade any inedible kitchen grease. (d) The secretary shall fix the additional fees established pursuant to this section and may fix different fees for transporters of inedible kitchen grease and collection centers, and for transporters of interceptor grease. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) of Section 19227 and an additional fee is imposed on registered transporters pursuant to subdivision (a) of this section, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to this article, which fee shall be the higher of the two fees. (e) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. (f) For purposes of this section, “interceptor grease” means inedible kitchen grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor. (g) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. ### Summary: This text amends the Food and Agricultural Code to allow the Department of Food and Agriculture to charge additional fees to licensed renderers and registered transporters of inedible kitchen grease
The people of the State of California do enact as follows: SECTION 1. Section 480 of the Revenue and Taxation Code, as amended by Section 6 of Chapter 454 of the Statutes of 2015, is amended to read: 480. (a) Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. (b) The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. (c) Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: “Important Notice” Notice “The The law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” (d) The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. (e) If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. (f) Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. (g) (1) The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. (2) A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. (h) In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. (i) No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property. SECTION 1. Section 480 of the Revenue and Taxation Code is amended to read: 480. (a)Whenever there occurs any change in ownership of real property or of a manufactured home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or manufactured home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. (b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed within 150 days after the date of death. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. (c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or manufactured home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: “Important Notice” “The law requires any transferee acquiring an interest in real property or manufactured home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or manufactured home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” (d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. (e)If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. (f)Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. (g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. (2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. (h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. (i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.
Existing property tax law requires, when there is a change in ownership of real property or of property, a manufactured home home, or a floating home that is subject to local property taxation and is assessed by the county assessor, a change in ownership statement to be filed filed, under penalty of perjury, in the county where the real property or property, manufactured home home, or floating home is located, as provided. Existing law, in the case of probate, requires the personal representative to file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. Existing law requires that statement to be filed before or at the time the inventory and appraisal is filed with the court clerk. This bill instead, in the case of probate, would require the statement to be filed within 150 days after the date of death. 4 months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 480 of the Revenue and Taxation Code, as amended by Section 6 of Chapter 454 of the Statutes of 2015, is amended to read: 480. (a) Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. (b) The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. (c) Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: “Important Notice” Notice “The The law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” (d) The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. (e) If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. (f) Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. (g) (1) The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. (2) A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. (h) In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. (i) No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property. SECTION 1. Section 480 of the Revenue and Taxation Code is amended to read: 480. (a)Whenever there occurs any change in ownership of real property or of a manufactured home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or manufactured home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. (b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed within 150 days after the date of death. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. (c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or manufactured home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: “Important Notice” “The law requires any transferee acquiring an interest in real property or manufactured home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or manufactured home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” (d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. (e)If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. (f)Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. (g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. (2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. (h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. (i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property. ### 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 4011.10 of the Penal Code is amended to read: 4011.10. (a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services. (b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment. (c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source. (d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision. (e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers. (f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California. (g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2. (h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties.
Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law authorizes a county sheriff, police chief, or other public agency that contracts for health care services, to contract with providers of health care services for care to local law enforcement patients. Existing law requires hospitals that do not contract with the county sheriff, police chief, or other public agency that contracts for health care services to provide health care services to local law enforcement patients at a rate equal to 110% of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio. This bill would authorize, for claims that have not previously been paid or otherwise determined by local law enforcement, those costs to be calculated according to the most recent approved cost-to-charge ratio from the Medicare Program. The bill would authorize the hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, to choose which cost-to-charge ratio is most appropriate, and would require the hospital to give notice of any change. If the hospital chooses to use the cost-to-charge ratio from the Medicare Program, the bill would require the hospital to attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain that documentation and payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the bill would require the Office of Statewide Health Planning and Development cost-to-charge ratio to be used to calculate the payment. The bill would also make technical, nonsubstantive changes.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4011.10 of the Penal Code is amended to read: 4011.10. (a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services. (b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment. (c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source. (d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision. (e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers. (f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California. (g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2. (h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties. ### 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 73.5 is added to the Military and Veterans Code, to read: 73.5. (a) (1) There is hereby created the office of Inspector General for Veterans Affairs within the department. (2) The inspector general shall be appointed by the Governor, subject to Senate confirmation. (3) (A) The inspector general shall be subject to the direction of the Governor. (B) The inspector general shall provide ongoing and independent advice to the board regarding any issue that is being considered by the board. (b) The inspector general shall be responsible for all of the following: (1) Reviewing the operations and financial condition of each California veterans home and veterans farm and home purchase program. For the purposes of reviewing the operations of each veterans home, the Veterans Home Allied Council and home residents shall have unfettered access to the inspector general. (2) Reviewing the operation and financial condition of all other veterans programs supported by the state including, but not limited to, county veterans service offices and veterans memorials. (3) Investigating any allegations of department employee misconduct and reporting any findings of misconduct directly to the secretary, for further action that the secretary may deem necessary. (c) (1) The inspector general shall conduct a review or investigation, as specified in subdivision (b), if requested to do so by the Governor, any member of the board, or the secretary. In addition, the inspector general may conduct a review or investigation, as specified in subdivision (b), as he or she deems necessary or if requested by any Member of the Legislature or any member of the public. (2) Whenever the inspector general conducts a review or investigation pursuant to a request of any Member of the Legislature, the inspector general shall submit a report of his or her findings to that member. (d) (1) Beginning January 1, 2017, and each year after, the inspector general shall submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. (2) A report submitted to the Legislature pursuant to paragraph (1) shall comply with Section 9795 of the Government Code. (3) This subdivision 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 73.6 is added to the Military and Veterans Code, to read: 73.6. (a) The inspector general may receive communications from any individual, including, but not limited to, a participant in a farm and home purchase program or a resident of a California veterans home, who believes he or she may have information that warrants a review or investigation of a veterans program that is supported by the state. The identity of the person providing the information shall be held as confidential by the inspector general and may be disclosed only to the Governor, any member of the board, any Member of the Legislature, or the secretary, as the inspector general deems appropriate and in the furtherance of his or her duties. (b) In order to properly respond to any allegation, the inspector general shall establish a toll-free public telephone number for the purpose of identifying any alleged wrongdoing regarding veterans programs. This telephone number shall be posted at every California veterans home and throughout all department and county veterans service offices, in clear view of all veterans home residents, employees, and the public. In addition, the telephone number shall be issued to every participant of a home purchase program. When deemed appropriate by the inspector general, he or she shall initiate a review or investigation of any alleged wrongdoing. However, any request to conduct an investigation shall be in writing. The request shall be confidential and is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (c) The identity of the person providing the information that initiated the review or investigation shall not be disclosed without that person’s written permission, except to a law enforcement agency in the furtherance of its duties. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 73.6 of the Military and Veterans 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 persons who provide information of alleged wrongdoing by or complaints against veterans programs to the Inspector General for Veterans Affairs, the limitations on the public’s right of access imposed by Section 2 of this act are necessary.
Existing law establishes the Department of Veterans Affairs and designates the Secretary of Veterans Affairs as the chief administrative officer of the department. Existing law also establishes the California Veterans Board, and requires the board to advise the department and secretary on policies for operations of the department. Existing law provides for veterans programs, including the veterans farm and home purchase programs, and provides for veterans homes. This bill would create the office of Inspector General for Veterans Affairs, who would be subject to the direction of the Governor, within the department. The bill would require the inspector general to be appointed by the Governor, subject to Senate confirmation. The inspector general would be responsible for reviewing the operations and financial condition of each California veterans home, each veterans farm and home purchase program, and all other veterans programs supported by the state. Beginning January 1, 2017, and each year after, the bill would require the inspector general to submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. The bill would repeal the reporting requirement on January 1, 2020. The bill would authorize the inspector general to receive communications from any individual who believes he or she may have information that warrants a review or investigation of a veterans program. The bill would authorize, and in some instances require, the inspector general to conduct a review or investigation. The bill would also require the establishment of a toll-free telephone number to report alleged wrongdoing regarding veterans programs. 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 73.5 is added to the Military and Veterans Code, to read: 73.5. (a) (1) There is hereby created the office of Inspector General for Veterans Affairs within the department. (2) The inspector general shall be appointed by the Governor, subject to Senate confirmation. (3) (A) The inspector general shall be subject to the direction of the Governor. (B) The inspector general shall provide ongoing and independent advice to the board regarding any issue that is being considered by the board. (b) The inspector general shall be responsible for all of the following: (1) Reviewing the operations and financial condition of each California veterans home and veterans farm and home purchase program. For the purposes of reviewing the operations of each veterans home, the Veterans Home Allied Council and home residents shall have unfettered access to the inspector general. (2) Reviewing the operation and financial condition of all other veterans programs supported by the state including, but not limited to, county veterans service offices and veterans memorials. (3) Investigating any allegations of department employee misconduct and reporting any findings of misconduct directly to the secretary, for further action that the secretary may deem necessary. (c) (1) The inspector general shall conduct a review or investigation, as specified in subdivision (b), if requested to do so by the Governor, any member of the board, or the secretary. In addition, the inspector general may conduct a review or investigation, as specified in subdivision (b), as he or she deems necessary or if requested by any Member of the Legislature or any member of the public. (2) Whenever the inspector general conducts a review or investigation pursuant to a request of any Member of the Legislature, the inspector general shall submit a report of his or her findings to that member. (d) (1) Beginning January 1, 2017, and each year after, the inspector general shall submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. (2) A report submitted to the Legislature pursuant to paragraph (1) shall comply with Section 9795 of the Government Code. (3) This subdivision 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 73.6 is added to the Military and Veterans Code, to read: 73.6. (a) The inspector general may receive communications from any individual, including, but not limited to, a participant in a farm and home purchase program or a resident of a California veterans home, who believes he or she may have information that warrants a review or investigation of a veterans program that is supported by the state. The identity of the person providing the information shall be held as confidential by the inspector general and may be disclosed only to the Governor, any member of the board, any Member of the Legislature, or the secretary, as the inspector general deems appropriate and in the furtherance of his or her duties. (b) In order to properly respond to any allegation, the inspector general shall establish a toll-free public telephone number for the purpose of identifying any alleged wrongdoing regarding veterans programs. This telephone number shall be posted at every California veterans home and throughout all department and county veterans service offices, in clear view of all veterans home residents, employees, and the public. In addition, the telephone number shall be issued to every participant of a home purchase program. When deemed appropriate by the inspector general, he or she shall initiate a review or investigation of any alleged wrongdoing. However, any request to conduct an investigation shall be in writing. The request shall be confidential and is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (c) The identity of the person providing the information that initiated the review or investigation shall not be disclosed without that person’s written permission, except to a law enforcement agency in the furtherance of its duties. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 73.6 of the Military and Veterans 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 persons who provide information of alleged wrongdoing by or complaints against veterans programs to the Inspector General for Veterans Affairs, the limitations on the public’s right of access imposed by Section 2 of this act are necessary. ### 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 27388 of the Government Code is amended to read: 27388. (a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, “real estate instrument” means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustee’s deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. (2) The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: (A) The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (B) The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (C) The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: (i) A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). (ii) A statement of the recording date and the recorder identification number or book and page of the previously recorded document. (b) Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. (c) The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: (1) Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agency’s proposed use of the funds. (2) In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: (A) Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. (B) Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. (3) The committee’s determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. (4) Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. (g) A district attorney’s office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. (h) No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents.
Existing law authorizes the board of supervisors to adopt, by resolution, a fee of up to $10 for each recording of a real estate instrument, paper, or notice required or permitted by law to be recorded, except as specified. Existing law defines the term “real estate instrument” to exclude a deed, instrument, or writing recorded in connection with a transfer subject to a documentary transfer tax. This bill would recast this latter exclusion from a “real estate instrument” as a statement that the above-described fee does not apply to any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 27388 of the Government Code is amended to read: 27388. (a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, “real estate instrument” means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustee’s deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. (2) The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: (A) The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (B) The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (C) The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: (i) A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). (ii) A statement of the recording date and the recorder identification number or book and page of the previously recorded document. (b) Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. (c) The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: (1) Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agency’s proposed use of the funds. (2) In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: (A) Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. (B) Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. (3) The committee’s determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. (4) Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. (g) A district attorney’s office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. (h) No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents. ### 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 14186.36 of the Welfare and Institutions Code is amended to read: 14186.36. (a) It is the intent of the Legislature that a universal assessment process for LTSS be developed and tested. The initial uses of this tool may inform future decisions about whether to amend existing law regarding the assessment processes that currently apply to LTSS programs, including IHSS. (b) (1) In addition to the activities set forth in paragraph (9) of subdivision (a) of Section 14186.35, county agencies shall continue IHSS assessment and authorization processes, including making final determinations of IHSS hours pursuant to Article 7 (commencing with Section 12300) of Chapter 3 and regulations promulgated by the State Department of Social Services. (2) No sooner than January 1, 2015, for the counties and beneficiary categories specified in subdivision (e), counties shall also utilize the universal assessment tool, as described in subdivision (c), if one is available and upon completion of the stakeholder process, system design and testing, and county training described in subdivisions (c) and (e), for the provision of IHSS services. This paragraph shall only apply to beneficiaries who consent to the use of the universal assessment process. The managed care health plans shall be required to cover IHSS services based on the results of the universal assessment process specified in this section. (c) (1) No later than June 1, 2013, the department, the State Department of Social Services, and the California Department of Aging shall establish a stakeholder workgroup to develop the universal assessment process, including a universal assessment tool, for home- and community-based services, as defined in subdivision (b) of Section 14186.1. The stakeholder workgroup shall include, but not be limited to, consumers of IHSS and other home- and community-based services and their authorized representatives, managed care health plans, counties, IHSS, MSSP, and CBAS providers, area agencies on aging, independent living centers, and legislative staff. The universal assessment process shall be used for all home- and community-based services, including IHSS. In developing the process, the workgroup shall build upon the IHSS uniform assessment process and hourly task guidelines, the MSSP assessment process, and other appropriate home- and community-based assessment tools. (2) (A) In developing the universal assessment process, the departments described in paragraph (1) shall develop a universal assessment tool that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. The workgroup shall consider issues including, but not limited to, the following: (i) The roles and responsibilities of the health plans, counties, and home- and community-based services providers administering the assessment. (ii) The criteria for reassessment. (iii) How the results of new assessments would be used for the oversight and quality monitoring of home- and community-based services providers. (iv) How the appeals process would be affected by the assessment. (v) The ability to automate and exchange data and information between home- and community-based services providers. (vi) How the universal assessment process would incorporate person-centered principles and protections. (vii) How the universal assessment process would meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. (viii) The qualifications for, and how to provide guidance to, the individuals conducting the assessments. (B) The workgroup shall also consider how this assessment may be used to assess the need for nursing facility care and divert individuals from nursing facility care to home- and community-based services. (d) No later than December 1, 2016, the department, the State Department of Social Services, and the California Department of Aging shall report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process, and shall identify the counties and beneficiary categories for which the universal assessment process may be implemented pursuant to subdivision (e). (e) (1) No sooner than January 1, 2015, upon completion of the design and development of a new universal assessment tool, managed care health plans, counties, and other home- and community-based services providers may test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive home- and community-based services pursuant to this article in no fewer than two, and no more than four, of the counties where the provisions of this article are implemented, if the following conditions have been met: (A) The department has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later. (B) The system used to calculate the results of the tool has been tested. (C) Any entity responsible for using the tool has been trained in its usage. (2) To the extent the universal assessment tool or universal assessment process results in changes to the authorization process and provision of IHSS services, those changes shall be automated in the Case Management Information and Payroll System. (3) The department shall develop materials to inform consumers of the option to participate in the universal assessment tool testing phase pursuant to this paragraph. (f) The department, the State Department of Social Services, and the California Department of Aging shall implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process to more closely meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. (g) Until existing law relating to the IHSS assessment process pursuant to Article 7 (commencing with Section 12300) of Chapter 3 is amended, beneficiaries shall have the option to request an additional assessment using the previous assessment process for those home- and community-based services and to receive services according to the results of the additional assessment. (h) (1) No later than 15 months after the implementation of the universal assessment process, the department, the State Department of Social Services, and the California Department of Aging, in consultation with stakeholders, shall report to the Legislature on the results of the initial use of the universal assessment process, and may identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. These departments shall report annually thereafter to the Legislature on the status and results of the universal assessment process. At a minimum, the report shall include, but not be limited to, all of the following: (A) Findings from consumers assessed using the universal assessment tool regarding their satisfaction with both the universal assessment process and the assessor. (B) Analysis of the consumers’ ability to follow and accurately respond to all assessment items. (C) Data collected from the universal assessment process that is compared to previous assessment tool data and this information shall be reported to distinguish the impact of the universal assessment process through the new data collection process. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (i) This section shall remain operative only until September 1, 2018.
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, including, among other services, home- and community-based services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law, until July 1, 2017, requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to establish a stakeholder workgroup, as prescribed, to develop a universal assessment process, including a universal assessment tool, to be used for home- and community-based services. No later than March 1, 2014, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process and to identify the counties and beneficiary categories for which the universal assessment process may be implemented. No sooner than January 1, 2015, upon completion of the design and development of that universal assessment tool, existing law authorizes managed care health plans, counties, and other home- and community-based services providers to test the use of the tool for certain beneficiaries in no fewer than 2, and no more than 4, specified counties if certain conditions have been met. No later than 9 months after the implementation of the universal assessment process, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging, to report to the Legislature on the results of the initial use of the universal assessment process. This bill would extend the operation of these provisions until September 1, 2018. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress no later than December 1, 2016. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the results of the initial use of the universal assessment process no later than 15 months after the implementation of the universal assessment process. The bill would require this report to include, among other things, findings from consumers assessed using the universal assessment tool regarding their satisfaction of the universal assessment process.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14186.36 of the Welfare and Institutions Code is amended to read: 14186.36. (a) It is the intent of the Legislature that a universal assessment process for LTSS be developed and tested. The initial uses of this tool may inform future decisions about whether to amend existing law regarding the assessment processes that currently apply to LTSS programs, including IHSS. (b) (1) In addition to the activities set forth in paragraph (9) of subdivision (a) of Section 14186.35, county agencies shall continue IHSS assessment and authorization processes, including making final determinations of IHSS hours pursuant to Article 7 (commencing with Section 12300) of Chapter 3 and regulations promulgated by the State Department of Social Services. (2) No sooner than January 1, 2015, for the counties and beneficiary categories specified in subdivision (e), counties shall also utilize the universal assessment tool, as described in subdivision (c), if one is available and upon completion of the stakeholder process, system design and testing, and county training described in subdivisions (c) and (e), for the provision of IHSS services. This paragraph shall only apply to beneficiaries who consent to the use of the universal assessment process. The managed care health plans shall be required to cover IHSS services based on the results of the universal assessment process specified in this section. (c) (1) No later than June 1, 2013, the department, the State Department of Social Services, and the California Department of Aging shall establish a stakeholder workgroup to develop the universal assessment process, including a universal assessment tool, for home- and community-based services, as defined in subdivision (b) of Section 14186.1. The stakeholder workgroup shall include, but not be limited to, consumers of IHSS and other home- and community-based services and their authorized representatives, managed care health plans, counties, IHSS, MSSP, and CBAS providers, area agencies on aging, independent living centers, and legislative staff. The universal assessment process shall be used for all home- and community-based services, including IHSS. In developing the process, the workgroup shall build upon the IHSS uniform assessment process and hourly task guidelines, the MSSP assessment process, and other appropriate home- and community-based assessment tools. (2) (A) In developing the universal assessment process, the departments described in paragraph (1) shall develop a universal assessment tool that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. The workgroup shall consider issues including, but not limited to, the following: (i) The roles and responsibilities of the health plans, counties, and home- and community-based services providers administering the assessment. (ii) The criteria for reassessment. (iii) How the results of new assessments would be used for the oversight and quality monitoring of home- and community-based services providers. (iv) How the appeals process would be affected by the assessment. (v) The ability to automate and exchange data and information between home- and community-based services providers. (vi) How the universal assessment process would incorporate person-centered principles and protections. (vii) How the universal assessment process would meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. (viii) The qualifications for, and how to provide guidance to, the individuals conducting the assessments. (B) The workgroup shall also consider how this assessment may be used to assess the need for nursing facility care and divert individuals from nursing facility care to home- and community-based services. (d) No later than December 1, 2016, the department, the State Department of Social Services, and the California Department of Aging shall report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process, and shall identify the counties and beneficiary categories for which the universal assessment process may be implemented pursuant to subdivision (e). (e) (1) No sooner than January 1, 2015, upon completion of the design and development of a new universal assessment tool, managed care health plans, counties, and other home- and community-based services providers may test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive home- and community-based services pursuant to this article in no fewer than two, and no more than four, of the counties where the provisions of this article are implemented, if the following conditions have been met: (A) The department has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later. (B) The system used to calculate the results of the tool has been tested. (C) Any entity responsible for using the tool has been trained in its usage. (2) To the extent the universal assessment tool or universal assessment process results in changes to the authorization process and provision of IHSS services, those changes shall be automated in the Case Management Information and Payroll System. (3) The department shall develop materials to inform consumers of the option to participate in the universal assessment tool testing phase pursuant to this paragraph. (f) The department, the State Department of Social Services, and the California Department of Aging shall implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process to more closely meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. (g) Until existing law relating to the IHSS assessment process pursuant to Article 7 (commencing with Section 12300) of Chapter 3 is amended, beneficiaries shall have the option to request an additional assessment using the previous assessment process for those home- and community-based services and to receive services according to the results of the additional assessment. (h) (1) No later than 15 months after the implementation of the universal assessment process, the department, the State Department of Social Services, and the California Department of Aging, in consultation with stakeholders, shall report to the Legislature on the results of the initial use of the universal assessment process, and may identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. These departments shall report annually thereafter to the Legislature on the status and results of the universal assessment process. At a minimum, the report shall include, but not be limited to, all of the following: (A) Findings from consumers assessed using the universal assessment tool regarding their satisfaction with both the universal assessment process and the assessor. (B) Analysis of the consumers’ ability to follow and accurately respond to all assessment items. (C) Data collected from the universal assessment process that is compared to previous assessment tool data and this information shall be reported to distinguish the impact of the universal assessment process through the new data collection process. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (i) This section shall remain operative only until September 1, 2018. ### Summary: This bill would amend Section 14186.36 of the Welfare and Institutions Code to require the Department of Health Care Access and Accountability, the
The people of the State of California do enact as follows: SECTION 1. Section 200 of the Fish and Game Code is amended to read: 200. (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles for purposes that include, but are not limited to, public health and safety, to the extent and in the manner prescribed in this article. (b) No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to these provisions, shall be affected by this article or any regulation made under this article. SEC. 2. Section 200.5 is added to the Fish and Game Code, to read: 200.5. (a) The Legislature finds and declares all of the following: (1) The California Supreme Court In re Makings (1927) 200 Cal. 474, determined that Section 25 1/2 of Article IV of the California Constitution, as currently set forth in Section 20 of Article IV, prohibits local governmental entities from regulating, or interfering with, fish and game matters in any manner and places this responsibility with the Legislature in order to conserve California’s fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof. (2) The commission was established in 1870 to assist in the scientific, evidence-based management of California’s fish and wildlife resources. The California Constitution permits the Legislature to delegate to the commission certain powers relating to the management of fish and game, and the Legislature has delegated to the commission regulatory powers over the taking and possession of fish and game, as set forth in this code. (3) Hunting and fishing are statistically among the safest outdoor recreational activities, and are already well regulated by the state through means that include, but are not limited to, mandatory safety and education requirements, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game laws, and would create significant enforcement issues. Hunting and fishing activities are also compatible with other recreational uses on many public lands and waters throughout the state. (b) In enacting this section and Section 200.6, it is the intent of the Legislature to affirm, subject to applicable federal law, the exclusive legal authority granted to the commission and the department with regard to the taking and possession of fish and game and thereby ensure necessary statewide control by the commission and the department over fish and game matters for wildlife conservation purposes, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes. (c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6. (d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207. SEC. 3. Section 200.6 is added to the Fish and Game Code, to read: 200.6. (a) The state fully occupies the field of the taking and possession of fish and game pursuant to this code, regulations adopted by the commission pursuant to this code, and Section 20 of Article IV of the California Constitution, and all local ordinances and regulations regarding the taking and possession of fish and game are subject to this section. (b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the recreation rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions. (c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Nothing in this section prohibits a public or private landowner, or the landowner’s designee, from controlling access or use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. However, nothing in this section abridges the public’s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)). (3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section. SEC. 4. Section 203.1 of the Fish and Game Code is amended to read: 203.1. When adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony. SEC. 5. Section 12000 of the Fish and Game Code is amended to read: 12000. (a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. (b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor: (1)Section 2009. (2)Subdivision (b) of Section 3004. (3)Subdivision (a) of Section 6596. (4)Section 7149.8. (5)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations. (6)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations. (7)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations. (8)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. (9)Section 251.7 of Title 14 of the California Code of Regulations. (10)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. (11)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations. (12)Section 630 of Title 14 of the California Code of Regulations. SEC. 5. Section 3004 of the Fish and Game Code is amended to read: 3004. (a) It is unlawful for any a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting, any firearm or other deadly weapon while within 150 yards of any an occupied dwelling house, residence, or other building or any building, or within 150 yards of a barn or other outbuilding used in connection therewith. with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. The 150-yard area is a “safety zone.” (b) It is unlawful for any a person to intentionally discharge any a firearm or release any an arrow or crossbow bolt over or across any a public road or other established way open to the public in an unsafe and reckless manner. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
(1) The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety. This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would provide that unless otherwise authorized by the Fish and Game Code, other state law, or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Existing law requires the commission, when adopting certain regulations relating to the taking or possession of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. This bill would require the commission to consider these factors when adopting certain regulations relating to the taking or possession of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations. (3)Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor. This bill would make a violation of a specified statute relating to the intentional discharge of a firearm or release of an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner an infraction or a misdemeanor. (3) Existing law makes it unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner. Existing law makes a violation of this provision a misdemeanor. This bill would delete the “reckless” element from that provision. Because the bill would expand the definition of a crime, it 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 200 of the Fish and Game Code is amended to read: 200. (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles for purposes that include, but are not limited to, public health and safety, to the extent and in the manner prescribed in this article. (b) No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to these provisions, shall be affected by this article or any regulation made under this article. SEC. 2. Section 200.5 is added to the Fish and Game Code, to read: 200.5. (a) The Legislature finds and declares all of the following: (1) The California Supreme Court In re Makings (1927) 200 Cal. 474, determined that Section 25 1/2 of Article IV of the California Constitution, as currently set forth in Section 20 of Article IV, prohibits local governmental entities from regulating, or interfering with, fish and game matters in any manner and places this responsibility with the Legislature in order to conserve California’s fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof. (2) The commission was established in 1870 to assist in the scientific, evidence-based management of California’s fish and wildlife resources. The California Constitution permits the Legislature to delegate to the commission certain powers relating to the management of fish and game, and the Legislature has delegated to the commission regulatory powers over the taking and possession of fish and game, as set forth in this code. (3) Hunting and fishing are statistically among the safest outdoor recreational activities, and are already well regulated by the state through means that include, but are not limited to, mandatory safety and education requirements, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game laws, and would create significant enforcement issues. Hunting and fishing activities are also compatible with other recreational uses on many public lands and waters throughout the state. (b) In enacting this section and Section 200.6, it is the intent of the Legislature to affirm, subject to applicable federal law, the exclusive legal authority granted to the commission and the department with regard to the taking and possession of fish and game and thereby ensure necessary statewide control by the commission and the department over fish and game matters for wildlife conservation purposes, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes. (c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6. (d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207. SEC. 3. Section 200.6 is added to the Fish and Game Code, to read: 200.6. (a) The state fully occupies the field of the taking and possession of fish and game pursuant to this code, regulations adopted by the commission pursuant to this code, and Section 20 of Article IV of the California Constitution, and all local ordinances and regulations regarding the taking and possession of fish and game are subject to this section. (b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the recreation rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions. (c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Nothing in this section prohibits a public or private landowner, or the landowner’s designee, from controlling access or use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. However, nothing in this section abridges the public’s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)). (3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section. SEC. 4. Section 203.1 of the Fish and Game Code is amended to read: 203.1. When adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony. SEC. 5. Section 12000 of the Fish and Game Code is amended to read: 12000. (a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. (b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor: (1)Section 2009. (2)Subdivision (b) of Section 3004. (3)Subdivision (a) of Section 6596. (4)Section 7149.8. (5)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations. (6)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations. (7)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations. (8)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. (9)Section 251.7 of Title 14 of the California Code of Regulations. (10)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. (11)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations. (12)Section 630 of Title 14 of the California Code of Regulations. SEC. 5. Section 3004 of the Fish and Game Code is amended to read: 3004. (a) It is unlawful for any a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting, any firearm or other deadly weapon while within 150 yards of any an occupied dwelling house, residence, or other building or any building, or within 150 yards of a barn or other outbuilding used in connection therewith. with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. The 150-yard area is a “safety zone.” (b) It is unlawful for any a person to intentionally discharge any a firearm or release any an arrow or crossbow bolt over or across any a public road or other established way open to the public in an unsafe and reckless manner. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends the Fish and Game Code to clarify that the California Fish and Game Commission and the Department of Fish and Wildlife are the only entities in the state that
The people of the State of California do enact as follows: SECTION 1. Section 786 of the Welfare and Institutions Code is amended to read: 786. (a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. (2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. (d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. (e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. (2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. (f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. (D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. (2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (h) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. SEC. 1.5. Section 786 of the Welfare and Institutions Code is amended to read: 786. (a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. (2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. (d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. (e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. (2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. (f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. (D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. (G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. (2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. (i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. SEC. 2. Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read: 787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record. (b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true: (1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision. (2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization. (c) For the purposes of this section “personally identifying information” has the same meaning as in Section 1798.79.8 of the Civil Code. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the public’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 children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified. This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program. Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified. This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified. 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. This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, 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, 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 786 of the Welfare and Institutions Code is amended to read: 786. (a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. (2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. (d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. (e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. (2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. (f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. (D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. (2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (h) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. SEC. 1.5. Section 786 of the Welfare and Institutions Code is amended to read: 786. (a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. (2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. (d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. (e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. (2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. (f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. (D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. (G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. (2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. (i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. SEC. 2. Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read: 787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record. (b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true: (1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision. (2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization. (c) For the purposes of this section “personally identifying information” has the same meaning as in Section 1798.79.8 of the Civil Code. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the public’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 children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 25206.1 is added to the Corporations Code, to read: 25206.1. (a) For purposes of this section, a “finder” is a natural person who, for direct or indirect compensation, introduces or refers one or more accredited investors, as that term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.501(a)), to an issuer or an issuer to one or more accredited investors, solely for the purpose of a potential offer or sale of securities of the issuer in an issuer transaction in this state, and who does not do any of the following: (1) Provide services to an issuer for a transaction or a series of related transactions for the offer or sale of securities of the issuer that exceeds a securities purchase price of fifteen million dollars ($15,000,000) in the aggregate. (2) Participate in negotiating any of the terms of the offer or sale of the securities. (3) Advise any party to the transaction regarding the value of the securities or the advisability of investing in, purchasing, or selling the securities. (4) Conduct any due diligence on the part of any party to the transaction. (5) Sell or offer for sale in connection with the issuer transaction any securities of the issuer that are owned, directly or indirectly, by the finder. (6) Receive, directly or indirectly, possession or custody of any funds in connection with the issuer transaction. (7) Knowingly receive compensation in connection with any offer or sale of securities unless the sale is qualified under this division or unless the security or the transaction is exempt or not otherwise subject to qualification. (8) Make any disclosure to a potential purchaser other than the following: (A) The name, address, and contact information of the issuer. (B) The name, type, price, and aggregate amount of any securities being offered in the issuer transaction. (C) The issuer’s industry, location, and years in business. (b) A finder who satisfies all of the conditions set forth in subdivisions (c) to (f), inclusive, shall be exempt from the provisions of Section 25210. (c) (1) The finder shall file with the commissioner before engaging in any activities described in subdivision (a), on a form prescribed by the commissioner, an initial statement of information that shall include both of the following: (A) The name and complete business or residential address of the finder. (B) The mailing address of the finder, if different from the business or residential address. (2) A filing fee of three hundred dollars ($300) shall be submitted to the Department of Business Oversight along with the initial statement of information required by this subdivision. (d) (1) In addition, the finder shall file with the commissioner within 30 days of the anniversary of the finder’s initial statement of information required by subdivision (c), and annually thereafter, on a form prescribed by the commissioner, a renewal statement of information that includes all of the following: (A) The following affirmative representations by the finder: (i) The finder has complied and will continue to comply with the conditions of subdivision (a). (ii) The finder has not performed any acts or satisfied any circumstances prohibited by Section 25212 or by Rule 506(d) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.506(d)), and the finder has not been sanctioned by the commissioner pursuant to Section 25212. (iii) The finder has obtained the written agreement described in subdivision (e) with respect to each transaction in which the finder has participated in the prior 12 months. (B) An indication by the finder as to whether the finder has received transaction-based compensation that is subject to the actual sale of securities by the issuer in any transaction in which the finder has participated in the prior 12 months. (2) A filing fee in the amount of two hundred seventy-five dollars ($275) shall accompany each renewal statement of information. (e) (1) Concurrently with each introduction, the finder shall obtain the informed, written consent of each person introduced or referred by the finder to an issuer, in a written agreement signed by the finder, the issuer, and the person introduced or referred, disclosing the following: (A) The type and amount of compensation that has been or will be paid to the finder in connection with the introduction or referral and the conditions for payment of that compensation. (B) That the finder is not providing advice to the issuer or any person introduced or referred by the finder to an issuer as to the value of the securities or as to the advisability of investing in, purchasing, or selling the securities. (C) Whether the finder is also an owner, directly or indirectly, of the securities being offered or sold. (D) Any actual and potential conflict of interest in connection with the finder’s activities related to the issuer transaction. (E) That the parties to the agreement shall have the right to pursue any available remedies at law or otherwise for any breach of the agreement. (2) To satisfy the requirements of this subdivision, the agreement shall also include a representation by the person introduced or referred by the finder to the issuer that the person is an accredited investor, as that term is defined in Rule 501(a) of Regulation D under the Securities Exchange Act of 1933 (17 C.F.R. 230.501(a)), and that the person knowingly consents to the payment of the compensation described therein. (f) The finder shall maintain and preserve, for a period of five years from the date of filing of the notice prescribed in subdivision (d), a copy of the notice, the written agreement required in subdivision (e), and all other records relating to any offer or sale of securities in connection with which the finder receives compensation, as the commissioner may by rule require. The finder, upon written request of the commissioner, shall furnish to the commissioner any records required to be maintained and preserved under this subdivision. (g) (1) A natural person who is engaged in the business of effecting transactions in securities and is not otherwise exempt from Section 25210 shall be subject to the requirements of Section 25210, if the individual fails to meet the definition of “finder” set forth in subdivision (a), or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive. (2) In the event a natural person does not meet the definition of “finder” set forth in subdivision (a) or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive, any person introduced or referred by that natural person to an issuer, who purchases securities of that issuer in an issuer transaction following that introduction or referral, shall have the right to pursue any applicable remedy afforded under state law, including, without limitation, any applicable remedies pursuant to Section 25501.5. (h) The commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this section, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law. For the purpose of rules and forms, the commissioner may classify securities, persons, and matters within his or her jurisdiction, and may prescribe different requirements for different classes.
Under existing law, the Corporate Securities Law of 1968, the Commissioner of Business Oversight regulates the activities of a broker-dealer which is defined as, among other things, any person engaged in the business of effecting securities transactions in California for the account of others or his or her own account, and it specifies those persons or entities excluded from the definition. Existing law requires, among other things, that a broker-dealer apply for and secure a certificate authorizing that person to act in that capacity, unless the person is exempted from this requirement, as prescribed. Existing law prohibits a person acting on behalf of a licensed broker-dealer or an issuer, from effecting any transaction in, or inducing or attempting to induce the purchase or sale of, any security in this state unless the broker-dealer and agent have complied with certain rules. This bill would exempt from those provisions an individual who is a finder, as defined, who satisfies specified requirements, including, among other things, filing an initial statement of information with the Commissioner of Business Oversight and paying a filing fee.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25206.1 is added to the Corporations Code, to read: 25206.1. (a) For purposes of this section, a “finder” is a natural person who, for direct or indirect compensation, introduces or refers one or more accredited investors, as that term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.501(a)), to an issuer or an issuer to one or more accredited investors, solely for the purpose of a potential offer or sale of securities of the issuer in an issuer transaction in this state, and who does not do any of the following: (1) Provide services to an issuer for a transaction or a series of related transactions for the offer or sale of securities of the issuer that exceeds a securities purchase price of fifteen million dollars ($15,000,000) in the aggregate. (2) Participate in negotiating any of the terms of the offer or sale of the securities. (3) Advise any party to the transaction regarding the value of the securities or the advisability of investing in, purchasing, or selling the securities. (4) Conduct any due diligence on the part of any party to the transaction. (5) Sell or offer for sale in connection with the issuer transaction any securities of the issuer that are owned, directly or indirectly, by the finder. (6) Receive, directly or indirectly, possession or custody of any funds in connection with the issuer transaction. (7) Knowingly receive compensation in connection with any offer or sale of securities unless the sale is qualified under this division or unless the security or the transaction is exempt or not otherwise subject to qualification. (8) Make any disclosure to a potential purchaser other than the following: (A) The name, address, and contact information of the issuer. (B) The name, type, price, and aggregate amount of any securities being offered in the issuer transaction. (C) The issuer’s industry, location, and years in business. (b) A finder who satisfies all of the conditions set forth in subdivisions (c) to (f), inclusive, shall be exempt from the provisions of Section 25210. (c) (1) The finder shall file with the commissioner before engaging in any activities described in subdivision (a), on a form prescribed by the commissioner, an initial statement of information that shall include both of the following: (A) The name and complete business or residential address of the finder. (B) The mailing address of the finder, if different from the business or residential address. (2) A filing fee of three hundred dollars ($300) shall be submitted to the Department of Business Oversight along with the initial statement of information required by this subdivision. (d) (1) In addition, the finder shall file with the commissioner within 30 days of the anniversary of the finder’s initial statement of information required by subdivision (c), and annually thereafter, on a form prescribed by the commissioner, a renewal statement of information that includes all of the following: (A) The following affirmative representations by the finder: (i) The finder has complied and will continue to comply with the conditions of subdivision (a). (ii) The finder has not performed any acts or satisfied any circumstances prohibited by Section 25212 or by Rule 506(d) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.506(d)), and the finder has not been sanctioned by the commissioner pursuant to Section 25212. (iii) The finder has obtained the written agreement described in subdivision (e) with respect to each transaction in which the finder has participated in the prior 12 months. (B) An indication by the finder as to whether the finder has received transaction-based compensation that is subject to the actual sale of securities by the issuer in any transaction in which the finder has participated in the prior 12 months. (2) A filing fee in the amount of two hundred seventy-five dollars ($275) shall accompany each renewal statement of information. (e) (1) Concurrently with each introduction, the finder shall obtain the informed, written consent of each person introduced or referred by the finder to an issuer, in a written agreement signed by the finder, the issuer, and the person introduced or referred, disclosing the following: (A) The type and amount of compensation that has been or will be paid to the finder in connection with the introduction or referral and the conditions for payment of that compensation. (B) That the finder is not providing advice to the issuer or any person introduced or referred by the finder to an issuer as to the value of the securities or as to the advisability of investing in, purchasing, or selling the securities. (C) Whether the finder is also an owner, directly or indirectly, of the securities being offered or sold. (D) Any actual and potential conflict of interest in connection with the finder’s activities related to the issuer transaction. (E) That the parties to the agreement shall have the right to pursue any available remedies at law or otherwise for any breach of the agreement. (2) To satisfy the requirements of this subdivision, the agreement shall also include a representation by the person introduced or referred by the finder to the issuer that the person is an accredited investor, as that term is defined in Rule 501(a) of Regulation D under the Securities Exchange Act of 1933 (17 C.F.R. 230.501(a)), and that the person knowingly consents to the payment of the compensation described therein. (f) The finder shall maintain and preserve, for a period of five years from the date of filing of the notice prescribed in subdivision (d), a copy of the notice, the written agreement required in subdivision (e), and all other records relating to any offer or sale of securities in connection with which the finder receives compensation, as the commissioner may by rule require. The finder, upon written request of the commissioner, shall furnish to the commissioner any records required to be maintained and preserved under this subdivision. (g) (1) A natural person who is engaged in the business of effecting transactions in securities and is not otherwise exempt from Section 25210 shall be subject to the requirements of Section 25210, if the individual fails to meet the definition of “finder” set forth in subdivision (a), or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive. (2) In the event a natural person does not meet the definition of “finder” set forth in subdivision (a) or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive, any person introduced or referred by that natural person to an issuer, who purchases securities of that issuer in an issuer transaction following that introduction or referral, shall have the right to pursue any applicable remedy afforded under state law, including, without limitation, any applicable remedies pursuant to Section 25501.5. (h) The commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this section, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law. For the purpose of rules and forms, the commissioner may classify securities, persons, and matters within his or her jurisdiction, and may prescribe different requirements for different classes. ### 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 402.1 of the Revenue and Taxation Code is amended to read: 402.1. (a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: (1) Zoning. (2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. (3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. (4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. (5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. (6) Environmental constraints applied to the use of land pursuant to provisions of statutes. (7) Hazardous waste land use restriction pursuant to Section 25240 of the Health and Safety Code. (8) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. (9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. (10) A contract where the following apply: (A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. (B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. (C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. (D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. (E) The contract is recorded and provided to the assessor. (b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. (c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. (d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. (e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. (f) For the purposes of this section the following definitions apply: (1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. (2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. (g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction in order to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. SEC. 1.5. Section 402.1 of the Revenue and Taxation Code is amended to read: 402.1. (a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: (1) Zoning. (2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. (3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. (4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. (5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. (6) Environmental constraints applied to the use of land pursuant to provisions of statutes. (7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. (8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. (B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. (9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. (10) A contract where the following apply: (A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. (B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. (C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. (D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. (E) The contract is recorded and provided to the assessor. (b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. (c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. (d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. (e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. (f) For the purposes of this section the following definitions apply: (1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. (2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. (g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 402.1 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1251. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 402.1 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1251, in which case Section 1 of this bill shall not become operative. 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 county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. Existing property tax law establishes a welfare exemption under which property is exempt from taxation if, among other things, that property is used exclusively for religious, hospital, scientific, or charitable purposes and is owned and operated by an entity, as provided, that is itself organized and operated for those purposes. Under existing property tax law, the welfare exemption applies to property that is owned and operated by a nonprofit corporation, otherwise qualifying for the welfare exemption, that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. This bill would require the county assessor to consider, when valuing real property for property taxation purposes, a recorded contract with a nonprofit corporation that meets prescribed requirements, including requirements that the nonprofit corporation has received a welfare exemption for properties intended to be sold to low-income families who participate in a special no-interest loan program, and that the contract includes a restriction on the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. This bill would incorporate amendments to Section 402.1 of the Revenue and Taxation Code proposed by AB 1251, to be operative only if AB 1251 and this bill are both chaptered and become effective on or before January 1, 2016, 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, 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 402.1 of the Revenue and Taxation Code is amended to read: 402.1. (a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: (1) Zoning. (2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. (3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. (4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. (5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. (6) Environmental constraints applied to the use of land pursuant to provisions of statutes. (7) Hazardous waste land use restriction pursuant to Section 25240 of the Health and Safety Code. (8) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. (9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. (10) A contract where the following apply: (A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. (B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. (C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. (D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. (E) The contract is recorded and provided to the assessor. (b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. (c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. (d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. (e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. (f) For the purposes of this section the following definitions apply: (1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. (2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. (g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction in order to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. SEC. 1.5. Section 402.1 of the Revenue and Taxation Code is amended to read: 402.1. (a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: (1) Zoning. (2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. (3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. (4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. (5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. (6) Environmental constraints applied to the use of land pursuant to provisions of statutes. (7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. (8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. (B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. (9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. (10) A contract where the following apply: (A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. (B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. (C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. (D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. (E) The contract is recorded and provided to the assessor. (b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. (c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. (d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. (e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. (f) For the purposes of this section the following definitions apply: (1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. (2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. (g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 402.1 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1251. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 402.1 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1251, in which case Section 1 of this bill shall not become operative. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>
The people of the State of California do enact as follows: SECTION 1. Section 11549.3 of the Government Code is amended to read: 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: (1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. (2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: (A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. (B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. (3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. (4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan. (5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. (6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation. (7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. (b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: (1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. (2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. (c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. (2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: (A) Annually require no fewer than thirty-five (35) state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. (B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: (i) Personally identifiable information protected by law. (ii) Health information protected by law. (iii) Confidential financial data. (iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: (I) Information asset management. (II) Risk management. (III) Information security program management. (IV) Information security incident management. (V) Technology recovery planning. (C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. (3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. (d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. (e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. (f) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. (2) The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19. (g) The office may conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which shall be funded by the state agency, department, or office being audited. (h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public’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: The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.
(1) Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who is also known as the State Chief Information Officer. The department is generally responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. Existing law establishes, within the department, the Office of Information Security under the supervision of the Chief of the Office of Information Security. Existing law sets forth the authority of the office, including, but not limited to, the authority to conduct, or require to be conducted, an independent security assessment of any state agency, department, or office, the cost of which is to be funded by the state agency, department, or office being assessed. This bill would additionally require the office, in consultation with the Office of Emergency Services, to require no fewer than 35 independent security assessments of state entities each year and determine basic standards of services to be performed as part of an independent security assessment. The bill would require the state agency, department, or office being assessed to fund the costs of its independent security assessment. The bill would require the office and the Office of Emergency Services to receive the complete results of an independent security assessment. The bill would prohibit, during the process of conducting an independent security assessment, the disclosure of information and records concerning the independent security assessment, except that the information and records would be authorized to be transmitted to state employees and state contractors with specific duties relating to the independent security assessment. The bill would require the disclosure of the results of a completed independent security assessment under state law. This bill would require the office, in consultation with the Office of Emergency Services, to rank state entities on an information security risk index, as specified. The bill would require the office to report to the Department of Technology and the Office of Emergency Services any state entity found noncompliant with information security requirements. The bill would further require the office to notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice of any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. The bill would authorize the office to conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which to be funded by the state agency, department, or office being audited. This bill would authorize the Military Department to perform an independent security assessment as described above. This bill would require state entities, as defined, rather than certain information security officers, to comply with policies and procedures issued by the office. The bill would also make technical, nonsubstantive changes. (2) Existing law requires that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings to demonstrate the interest protected by the limitation and the need for protecting that interest. This bill would limit access to information and records of an ongoing independent security assessment and would make findings to demonstrate the interest protected by the limitation and the need for protecting that interest.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11549.3 of the Government Code is amended to read: 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: (1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. (2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: (A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. (B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. (3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. (4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan. (5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. (6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation. (7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. (b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: (1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. (2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. (c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. (2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: (A) Annually require no fewer than thirty-five (35) state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. (B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: (i) Personally identifiable information protected by law. (ii) Health information protected by law. (iii) Confidential financial data. (iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: (I) Information asset management. (II) Risk management. (III) Information security program management. (IV) Information security incident management. (V) Technology recovery planning. (C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. (3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. (d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. (e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. (f) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. (2) The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19. (g) The office may conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which shall be funded by the state agency, department, or office being audited. (h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public’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: The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems. ### Summary: This bill amends the Government Code to require the Office of Information Security to establish an information security program. The program responsibilities include, but are not limited to,
The people of the State of California do enact as follows: SECTION 1. Section 1203.9 of the Penal Code is amended to read: 1203.9. (a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record. (2) Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose, pursuant to subdivision (f). The court and the probation department shall give the matter of investigating those transfers precedence over all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those transfers shall be completed expeditiously. (3) If victim restitution was ordered as a condition of probation or mandatory supervision, the transferring court shall determine the amount of restitution before the transfer unless the court finds that the determination cannot be made within a reasonable time from when the motion for transfer is made. If a case is transferred without a determination of the amount of restitution, the transferring court shall complete the determination as soon as practicable. In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer as provided in subdivision (b). (b) The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer. (c) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently moved to that county, and the receiving court shall have entire jurisdiction over the case, except as provided in subdivisions (d) and (e), with the like power to again request transfer of the case whenever it seems proper. (d) (1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order shall require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected. (2) The receiving court and receiving county probation department may impose additional local fees and costs as authorized, and shall notify the responsible collection program for the transferring court of those changes. (3) Any local fees imposed pursuant to paragraph (2) shall be paid by the defendant to the collection program for the transferring court which shall remit the additional fees and costs to the receiving court for proper accounting and distribution. (e) (1) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised, provided, however, that the collection program for the receiving court transmits the revenue collected to the collection program for the transferring court for deposit, accounting, and distribution. A collection program for the receiving court shall not charge administrative fees for collections performed for the collection program for the transferring court without a written agreement with the other program. (2) A collection program for a receiving court collecting funds for a collection program for a transferring court pursuant to paragraph (1) shall not report revenue owed or collected on behalf of the collection program for the transferring court as part of those collections required to be reported annually by the court to the Judicial Council. (f) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to, the following: (1) Permanency of residence of the offender. (2) Local programs available for the offender. (3) Restitution orders and victim issues. (g) The Judicial Council shall consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of subdivisions (d) and (e).
Existing law requires a court to transfer the case of a person released on probation or mandatory supervision to the superior court in any other county in which the person resides permanently, unless the transferring court determines the transfer would be inappropriate and states its reasons on the record. Existing law requires the court of the receiving county to accept the entire jurisdiction over the case. This bill would require the receiving court to accept the entire jurisdiction over the case effective the date the transferring court orders the transfer. The bill would provide that when fines, forfeitures, penalties, assessments, or restitution have been ordered by the transferring court and have not been fully paid, those payments would be made to the collecting program for the transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to impose additional local fees and costs, as specified, and would authorize the collection program for the receiving court to collect court-ordered payments from the defendant for transmittal to the collection program for the transferring court, as specified. The bill would require the Judicial Council to consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of the bill.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1203.9 of the Penal Code is amended to read: 1203.9. (a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record. (2) Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose, pursuant to subdivision (f). The court and the probation department shall give the matter of investigating those transfers precedence over all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those transfers shall be completed expeditiously. (3) If victim restitution was ordered as a condition of probation or mandatory supervision, the transferring court shall determine the amount of restitution before the transfer unless the court finds that the determination cannot be made within a reasonable time from when the motion for transfer is made. If a case is transferred without a determination of the amount of restitution, the transferring court shall complete the determination as soon as practicable. In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer as provided in subdivision (b). (b) The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer. (c) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently moved to that county, and the receiving court shall have entire jurisdiction over the case, except as provided in subdivisions (d) and (e), with the like power to again request transfer of the case whenever it seems proper. (d) (1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order shall require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected. (2) The receiving court and receiving county probation department may impose additional local fees and costs as authorized, and shall notify the responsible collection program for the transferring court of those changes. (3) Any local fees imposed pursuant to paragraph (2) shall be paid by the defendant to the collection program for the transferring court which shall remit the additional fees and costs to the receiving court for proper accounting and distribution. (e) (1) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised, provided, however, that the collection program for the receiving court transmits the revenue collected to the collection program for the transferring court for deposit, accounting, and distribution. A collection program for the receiving court shall not charge administrative fees for collections performed for the collection program for the transferring court without a written agreement with the other program. (2) A collection program for a receiving court collecting funds for a collection program for a transferring court pursuant to paragraph (1) shall not report revenue owed or collected on behalf of the collection program for the transferring court as part of those collections required to be reported annually by the court to the Judicial Council. (f) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to, the following: (1) Permanency of residence of the offender. (2) Local programs available for the offender. (3) Restitution orders and victim issues. (g) The Judicial Council shall consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of subdivisions (d) and (e). ### 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 15643 of the Government Code is amended to read: 15643. (a) (1) The board shall proceed with the surveys of the assessment procedures and practices in the 10 largest counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. (2) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 1995 and every fifth calendar year thereafter. (b) The board shall, commencing January 1, 2016, and each of the next four calendar years, do all of the following: (1) (A) Survey the assessment procedures of one qualified county or city and county and conduct a sample of assessments on the local assessment roll of another qualified county or city and county. (B) For purposes of this paragraph, “qualified county or city and county” means the 11th to the 20th, inclusive, largest counties and cities and counties. The 11th to the 20th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2015 and every fifth calendar year thereafter. (C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. (2) (A) Survey the assessment procedures of three qualified counties or cities and counties and conduct a sample of assessments on the local assessment roll of two other qualified counties or cities and counties. (B) For purposes of this paragraph, “qualified counties or cities and counties” means the 21st to the 58th, inclusive, largest counties and cities and counties. The 21st to the 58th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year 2015 and every fifth calendar year thereafter. (3) Conduct a sample of assessments on the local assessment roll in a county or city or county that the board determines has significant assessment problems pursuant to Section 75.60 of the Revenue and Taxation Code. (C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. (c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. (d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. (e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 2. Section 15643 is added to the Government Code, to read: 15643. (a) The board shall proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. (b) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. In addition, the board shall each year, in accordance with procedures established by the board by regulation, select at random at least three of the remaining counties or cities and counties, and conduct a sample of assessments on the local assessment roll in those counties. If the board finds that a county or city and county has “significant assessment problems,” as provided in Section 75.60 of the Revenue and Taxation Code, a sample of assessments will be conducted in that county or city and county in lieu of a county or city and county selected at random. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2021 and every fifth calendar year thereafter. (c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. (d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. (e) This section shall become operative on January 1, 2021. SEC. 3. Section 15645 of the Government Code is amended to read: 15645. (a) Upon completion of a survey of the procedures and practices of a county assessor, the board shall prepare a written survey report setting forth its findings and recommendations and transmit a copy to the assessor. In addition the board may file with the assessor a confidential report containing matters relating to personnel. Before preparing its written survey report, the board shall do both of the following: (1) Meet with the assessor to discuss and confer on those matters which may be included in the written survey report. (2) Notify the former assessor if the survey reviews the former assessor’s procedures and practices, and meet with the former assessor, upon his or her request, to discuss and confer on those matters that may be included in the survey report. (b) Within 30 days after receiving a copy of the survey report, the assessor may file with the board a written response to the findings and recommendations in the survey report. The board may, for good cause, extend the period for filing the response. (c) (1) The survey report, together with the assessor’s response, if any, and the board’s comments, if any, shall constitute the final survey report. An addendum to the final survey report shall be published to include a former assessor’s written response to the findings and recommendations in the survey report that reviewed the former assessor’s procedures and practices, if any, and the board’s comments, if any. The final survey report shall be issued by the board as follows: (A) For any survey commenced before July 1, 2016, within two years after the date the board began the survey. (B) For any survey commenced on or after July 1, 2016, to June 30, 2017, within 15 months after the date the board began the survey. (C) For any survey commenced on or after July 1, 2017, within 12 months after the date the board began the survey. (2) Within a year after receiving a copy of the final survey report, and annually thereafter, no later than the date on which the initial report was issued by the board and until all issues are resolved, the assessor shall file with the board of supervisors a report, indicating the manner in which the assessor has implemented or intends to implement, or the reasons for not implementing, the recommendations of the survey report, with copies of that response being sent to the Governor, the Attorney General, the State Board of Equalization, the Senate and Assembly, and to the grand juries and assessment appeals boards of the counties to which they relate.
Existing law requires the State Board of Equalization to make surveys in each county and city and county to determine the adequacy of the procedures and practices employed by the county assessor in the valuation of property. Existing law requires the board to proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and to repeat or supplement each survey at least once in 5 years. Existing law requires the surveys of the 10 largest counties and cities and counties to include a sampling of assessments of the local assessment rolls, and requires the board, each year, to select at random at least 3 of the remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll in those counties. This bill would eliminate the board’s requirement to select at random at least 3 remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll, and would instead require the board, commencing January 1, 2016, and each of the next 4 calendar years, to survey the assessment procedures of qualified counties or cities and counties and to conduct sample assessments on the local roll of other qualified counties or cities and counties. This bill would define “qualified counties or cities and counties” for these purposes. This bill would additionally require the board to conduct a sample of assessments in a county or city and county that the board determines has significant assessment problems, as specified. This bill would require the qualified counties and cities and counties to be stratified and selected at random by the board, in consultation with the California Assessors’ Association. Existing law requires the board, upon completion of the survey of the procedures and practices of a county assessor, to prepare a written survey report setting forth its findings and recommendations, and requires the board, before preparing its written survey report, to meet with the assessor to discuss and confer on those matters which may be included in the written survey report. Existing law requires the survey report, together with the assessor’s response and the board’s comments, to constitute the final survey report. Existing law requires the final survey report to be issued by the board within 2 years after the date the board began the survey. This bill would require the board, before preparing its written survey report, to notify the former assessor if the survey reviews the former assessor’s procedures and practices, and to also meet with the former assessor, upon his or her request if the survey reviews, to discuss and confer on those matters that may be included in the survey report. This bill would require an addendum to the final survey report to be published to include the former assessor’s written response and the board’s comments, if any. This bill would shorten the period of time the board has to issue the final survey report from 2 years to 15 months for any survey commenced on or after July 1, 2016, to June 30, 2017, inclusive, and to 12 months for any survey commenced on or after July 1, 2017.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 15643 of the Government Code is amended to read: 15643. (a) (1) The board shall proceed with the surveys of the assessment procedures and practices in the 10 largest counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. (2) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 1995 and every fifth calendar year thereafter. (b) The board shall, commencing January 1, 2016, and each of the next four calendar years, do all of the following: (1) (A) Survey the assessment procedures of one qualified county or city and county and conduct a sample of assessments on the local assessment roll of another qualified county or city and county. (B) For purposes of this paragraph, “qualified county or city and county” means the 11th to the 20th, inclusive, largest counties and cities and counties. The 11th to the 20th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2015 and every fifth calendar year thereafter. (C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. (2) (A) Survey the assessment procedures of three qualified counties or cities and counties and conduct a sample of assessments on the local assessment roll of two other qualified counties or cities and counties. (B) For purposes of this paragraph, “qualified counties or cities and counties” means the 21st to the 58th, inclusive, largest counties and cities and counties. The 21st to the 58th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year 2015 and every fifth calendar year thereafter. (3) Conduct a sample of assessments on the local assessment roll in a county or city or county that the board determines has significant assessment problems pursuant to Section 75.60 of the Revenue and Taxation Code. (C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. (c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. (d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. (e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 2. Section 15643 is added to the Government Code, to read: 15643. (a) The board shall proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. (b) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. In addition, the board shall each year, in accordance with procedures established by the board by regulation, select at random at least three of the remaining counties or cities and counties, and conduct a sample of assessments on the local assessment roll in those counties. If the board finds that a county or city and county has “significant assessment problems,” as provided in Section 75.60 of the Revenue and Taxation Code, a sample of assessments will be conducted in that county or city and county in lieu of a county or city and county selected at random. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2021 and every fifth calendar year thereafter. (c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. (d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. (e) This section shall become operative on January 1, 2021. SEC. 3. Section 15645 of the Government Code is amended to read: 15645. (a) Upon completion of a survey of the procedures and practices of a county assessor, the board shall prepare a written survey report setting forth its findings and recommendations and transmit a copy to the assessor. In addition the board may file with the assessor a confidential report containing matters relating to personnel. Before preparing its written survey report, the board shall do both of the following: (1) Meet with the assessor to discuss and confer on those matters which may be included in the written survey report. (2) Notify the former assessor if the survey reviews the former assessor’s procedures and practices, and meet with the former assessor, upon his or her request, to discuss and confer on those matters that may be included in the survey report. (b) Within 30 days after receiving a copy of the survey report, the assessor may file with the board a written response to the findings and recommendations in the survey report. The board may, for good cause, extend the period for filing the response. (c) (1) The survey report, together with the assessor’s response, if any, and the board’s comments, if any, shall constitute the final survey report. An addendum to the final survey report shall be published to include a former assessor’s written response to the findings and recommendations in the survey report that reviewed the former assessor’s procedures and practices, if any, and the board’s comments, if any. The final survey report shall be issued by the board as follows: (A) For any survey commenced before July 1, 2016, within two years after the date the board began the survey. (B) For any survey commenced on or after July 1, 2016, to June 30, 2017, within 15 months after the date the board began the survey. (C) For any survey commenced on or after July 1, 2017, within 12 months after the date the board began the survey. (2) Within a year after receiving a copy of the final survey report, and annually thereafter, no later than the date on which the initial report was issued by the board and until all issues are resolved, the assessor shall file with the board of supervisors a report, indicating the manner in which the assessor has implemented or intends to implement, or the reasons for not implementing, the recommendations of the survey report, with copies of that response being sent to the Governor, the Attorney General, the State Board of Equalization, the Senate and Assembly, and to the grand juries and assessment appeals boards of the counties to which they relate. ### 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 2053 of the Elections Code is amended to read: 2053. The Secretary of State shall establish a Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee and consider the committee’s recommendations related to improving the accessibility of elections for voters with disabilities. The Secretary of State may implement the committee’s recommendations as he or she deems appropriate. (a) The committee shall consist of the Secretary of State, his or her designees, and additional members appointed by the Secretary of State. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official. (b) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following: (1) Establish guidelines for reaching as many voters with disabilities as practical. (2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery in print or alternative formats to voters with disabilities. (3) Increase the distribution of public service announcements identifying the availability of election materials for voters with disabilities at least 45 days before any federal, state, and local election. (4) Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. (5) Promote the Secretary of State’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability. (6) Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently. (7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters. (8) Promote the use of plain language and alternative formats for election materials. (9) Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations. (c) A member shall not receive compensation, but each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the committee. SEC. 2. Section 9082.7 of the Elections Code is amended to read: 9082.7. (a) The Secretary of State shall make available the complete state ballot pamphlet over the Internet. The online version of the state ballot pamphlet shall contain all of the following: (1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online. (2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b). (b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following: (1) A summary of the ballot measure’s content. (2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows: (A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following: (I) Ensure that transfers of funds between primarily formed committees are not counted twice. (II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes. (B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot. (C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A). (3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code. (4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee. (B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee’s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code. (D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section. (5) Any other information deemed relevant by the Secretary of State. (c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053. SEC. 3. Section 13300.7 of the Elections Code is amended to read: 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided that all of the following conditions are met: (a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of his or her desire to obtain ballot materials electronically in lieu of receiving them by mail. (b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code. (c) The procedures provide notice and opportunity for a voter who has opted out of receiving a sample ballot and other materials by mail to opt back into receiving them by mail. (d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter. (e) A voter may only opt out of, or opt back into, receiving his or her sample ballot and other ballot materials by mail if the elections official receives the request and can process it prior to the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election. (f) The procedures shall include a verification process to confirm the voter’s identity, either in writing with a signature card that can be matched to the one on file with the elections official, or if the request is submitted electronically, it shall contain the voter’s California driver’s license number, California identification number, or a partial social security number. (g) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, as specified. This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committee’s recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2053 of the Elections Code is amended to read: 2053. The Secretary of State shall establish a Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee and consider the committee’s recommendations related to improving the accessibility of elections for voters with disabilities. The Secretary of State may implement the committee’s recommendations as he or she deems appropriate. (a) The committee shall consist of the Secretary of State, his or her designees, and additional members appointed by the Secretary of State. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official. (b) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following: (1) Establish guidelines for reaching as many voters with disabilities as practical. (2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery in print or alternative formats to voters with disabilities. (3) Increase the distribution of public service announcements identifying the availability of election materials for voters with disabilities at least 45 days before any federal, state, and local election. (4) Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. (5) Promote the Secretary of State’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability. (6) Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently. (7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters. (8) Promote the use of plain language and alternative formats for election materials. (9) Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations. (c) A member shall not receive compensation, but each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the committee. SEC. 2. Section 9082.7 of the Elections Code is amended to read: 9082.7. (a) The Secretary of State shall make available the complete state ballot pamphlet over the Internet. The online version of the state ballot pamphlet shall contain all of the following: (1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online. (2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b). (b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following: (1) A summary of the ballot measure’s content. (2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows: (A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following: (I) Ensure that transfers of funds between primarily formed committees are not counted twice. (II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes. (B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot. (C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A). (3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code. (4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee. (B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee’s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code. (D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section. (5) Any other information deemed relevant by the Secretary of State. (c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053. SEC. 3. Section 13300.7 of the Elections Code is amended to read: 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided that all of the following conditions are met: (a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of his or her desire to obtain ballot materials electronically in lieu of receiving them by mail. (b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code. (c) The procedures provide notice and opportunity for a voter who has opted out of receiving a sample ballot and other materials by mail to opt back into receiving them by mail. (d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter. (e) A voter may only opt out of, or opt back into, receiving his or her sample ballot and other ballot materials by mail if the elections official receives the request and can process it prior to the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election. (f) The procedures shall include a verification process to confirm the voter’s identity, either in writing with a signature card that can be matched to the one on file with the elections official, or if the request is submitted electronically, it shall contain the voter’s California driver’s license number, California identification number, or a partial social security number. (g) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped. ### Summary: This bill amends the Elections Code to require the Secretary of State to establish a Voting Accessibility Advisory Committee to make recommendations to the Secretary of State on improving the accessibility of
The people of the State of California do enact as follows: SECTION 1. Section 27561.5 is added to the Food and Agricultural Code, to read: 27561.5. (a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur: (1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016. (2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter. (b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so. (c) (1) The department shall adopt regulations that do both of the following: (A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. (B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration. (2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. SEC. 2. Section 27581.1 is added to the Food and Agricultural Code, to read: 27581.1. (a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive. (b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583. (c) The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted. SEC. 3. Section 27581.4 of the Food and Agricultural Code is amended to read: 27581.4. (a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1. (b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. (c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund. SEC. 4. Section 27583 is added to the Food and Agricultural Code, to read: 27583. (a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule. (b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter. SEC. 5. Section 27583.2 is added to the Food and Agricultural Code, to read: 27583.2. If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action. (b) (1) Notice shall be sent by certified mail to one of the following: (A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. (B) The address of an agent for service of process for the person charged, as filed with the Secretary of State. (C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged. (2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. (3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. (c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing. (d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. (e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed. (f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action. (g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. SEC. 6. Section 27583.4 is added to the Food and Agricultural Code, to read: 27583.4. If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action. (2) (A) Notice shall be sent by certified mail to one of the following: (i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. (ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State. (iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged. (B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. (C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. (3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings. (4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. (5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation. (b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. (2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. (5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. (6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. (7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner’s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (a). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. (8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision. (c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action. (d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed. SEC. 7. Section 27584 is added to the Food and Agricultural Code, to read: 27584. If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. SEC. 8. Section 27585 is added to the Food and Agricultural Code, to read: 27585. After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation. This bill would authorize the Department of Food and Agriculture to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either “minor,” “moderate,” or “serious,” with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the county’s general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 27561.5 is added to the Food and Agricultural Code, to read: 27561.5. (a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur: (1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016. (2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter. (b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so. (c) (1) The department shall adopt regulations that do both of the following: (A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. (B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration. (2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. SEC. 2. Section 27581.1 is added to the Food and Agricultural Code, to read: 27581.1. (a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive. (b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583. (c) The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted. SEC. 3. Section 27581.4 of the Food and Agricultural Code is amended to read: 27581.4. (a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1. (b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. (c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund. SEC. 4. Section 27583 is added to the Food and Agricultural Code, to read: 27583. (a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule. (b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter. SEC. 5. Section 27583.2 is added to the Food and Agricultural Code, to read: 27583.2. If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action. (b) (1) Notice shall be sent by certified mail to one of the following: (A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. (B) The address of an agent for service of process for the person charged, as filed with the Secretary of State. (C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged. (2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. (3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. (c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing. (d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. (e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed. (f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action. (g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. SEC. 6. Section 27583.4 is added to the Food and Agricultural Code, to read: 27583.4. If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action. (2) (A) Notice shall be sent by certified mail to one of the following: (i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. (ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State. (iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged. (B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. (C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. (3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings. (4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. (5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation. (b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. (2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. (5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. (6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. (7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner’s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (a). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. (8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision. (c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action. (d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed. SEC. 7. Section 27584 is added to the Food and Agricultural Code, to read: 27584. If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. SEC. 8. Section 27585 is added to the Food and Agricultural Code, to read: 27585. After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. ### 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 14132.100 of the Welfare and Institutions Code is amended to read: 14132.100. (a) The federally qualified health center services described in Section 1396d(a)(2)(C) of Title 42 of the United States Code are covered benefits. (b) The rural health clinic services described in Section 1396d(a)(2)(B) of Title 42 of the United States Code are covered benefits. (c) Federally qualified health center services and rural health clinic services shall be reimbursed on a per-visit basis in accordance with the definition of “visit” set forth in subdivision (g). (d) Effective October 1, 2004, and on each October 1, thereafter, until no longer required by federal law, federally qualified health center (FQHC) and rural health clinic (RHC) per-visit rates shall be increased by the Medicare Economic Index applicable to primary care services in the manner provided for in Section 1396a(bb)(3)(A) of Title 42 of the United States Code. Prior to January 1, 2004, FQHC and RHC per-visit rates shall be adjusted by the Medicare Economic Index in accordance with the methodology set forth in the state plan in effect on October 1, 2001. (e) (1) An FQHC or RHC may apply for an adjustment to its per-visit rate based on a change in the scope of services provided by the FQHC or RHC. Rate changes based on a change in the scope of services provided by an FQHC or RHC shall be evaluated in accordance with Medicare reasonable cost principles, as set forth in Part 413 (commencing with Section 413.1) of Title 42 of the Code of Federal Regulations, or its successor. (2) Subject to the conditions set forth in subparagraphs (A) to (D), inclusive, of paragraph (3), a change in scope of service means any of the following: (A) The addition of a new FQHC or RHC service that is not incorporated in the baseline prospective payment system (PPS) rate, or a deletion of an FQHC or RHC service that is incorporated in the baseline PPS rate. (B) A change in service due to amended regulatory requirements or rules. (C) A change in service resulting from relocating or remodeling an FQHC or RHC. (D) A change in types of services due to a change in applicable technology and medical practice utilized by the center or clinic. (E) An increase in service intensity attributable to changes in the types of patients served, including, but not limited to, populations with HIV or AIDS, or other chronic diseases, or homeless, elderly, migrant, or other special populations. (F) Any changes in any of the services described in subdivision (a) or (b), or in the provider mix of an FQHC or RHC or one of its sites. (G) Changes in operating costs attributable to capital expenditures associated with a modification of the scope of any of the services described in subdivision (a) or (b), including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the center or clinic. (H) Indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents. (I) Any changes in the scope of a project approved by the federal Health Resources and Service Services Administration (HRSA). (3) No change in costs shall, in and of itself, be considered a scope-of-service change unless all of the following apply: (A) The increase or decrease in cost is attributable to an increase or decrease in the scope of services defined in subdivisions (a) and (b), as applicable. (B) The cost is allowable under Medicare reasonable cost principles set forth in Part 413 (commencing with Section 413) of Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations, or its successor. (C) The change in the scope of services is a change in the type, intensity, duration, or amount of services, or any combination thereof. (D) The net change in the FQHC’s or RHC’s rate equals or exceeds 1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs that filed consolidated cost reports for multiple sites to establish the initial prospective payment reimbursement rate, the 1.75-percent threshold shall be applied to the average per-visit rate of all sites for the purposes of calculating the cost associated with a scope-of-service change. “Net change” means the per-visit rate change attributable to the cumulative effect of all increases and decreases for a particular fiscal year. (4) An FQHC or RHC may submit requests for scope-of-service changes once per fiscal year, only within 90 days following the beginning of the FQHC’s or RHC’s fiscal year. Any approved increase or decrease in the provider’s rate shall be retroactive to the beginning of the FQHC’s or RHC’s fiscal year in which the request is submitted. (5) An FQHC or RHC shall submit a scope-of-service rate change request within 90 days of the beginning of any FQHC or RHC fiscal year occurring after the effective date of this section, if, during the FQHC’s or RHC’s prior fiscal year, the FQHC or RHC experienced a decrease in the scope of services provided that the FQHC or RHC either knew or should have known would have resulted in a significantly lower per-visit rate. If an FQHC or RHC discontinues providing onsite pharmacy or dental services, it shall submit a scope-of-service rate change request within 90 days of the beginning of the following fiscal year. The rate change shall be effective as provided for in paragraph (4). As used in this paragraph, “significantly lower” means an average per-visit rate decrease in excess of 2.5 percent. (6) Notwithstanding paragraph (4), if the approved scope-of-service change or changes were initially implemented on or after the first day of an FQHC’s or RHC’s fiscal year ending in calendar year 2001, but before the adoption and issuance of written instructions for applying for a scope-of-service change, the adjusted reimbursement rate for that scope-of-service change shall be made retroactive to the date the scope-of-service change was initially implemented. Scope-of-service changes under this paragraph shall be required to be submitted within the later of 150 days after the adoption and issuance of the written instructions by the department, or 150 days after the end of the FQHC’s or RHC’s fiscal year ending in 2003. (7) All references in this subdivision to “fiscal year” shall be construed to be references to the fiscal year of the individual FQHC or RHC, as the case may be. (f) (1) An FQHC or RHC may request a supplemental payment if extraordinary circumstances beyond the control of the FQHC or RHC occur after December 31, 2001, and PPS payments are insufficient due to these extraordinary circumstances. Supplemental payments arising from extraordinary circumstances under this subdivision shall be solely and exclusively within the discretion of the department and shall not be subject to subdivision (l). These supplemental payments shall be determined separately from the scope-of-service adjustments described in subdivision (e). Extraordinary circumstances include, but are not limited to, acts of nature, changes in applicable requirements in the Health and Safety Code, changes in applicable licensure requirements, and changes in applicable rules or regulations. Mere inflation of costs alone, absent extraordinary circumstances, shall not be grounds for supplemental payment. If an FQHC’s or RHC’s PPS rate is sufficient to cover its overall costs, including those associated with the extraordinary circumstances, then a supplemental payment is not warranted. (2) The department shall accept requests for supplemental payment at any time throughout the prospective payment rate year. (3) Requests for supplemental payments shall be submitted in writing to the department and shall set forth the reasons for the request. Each request shall be accompanied by sufficient documentation to enable the department to act upon the request. Documentation shall include the data necessary to demonstrate that the circumstances for which supplemental payment is requested meet the requirements set forth in this section. Documentation shall include all of the following: (A) A presentation of data to demonstrate reasons for the FQHC’s or RHC’s request for a supplemental payment. (B) Documentation showing the cost implications. The cost impact shall be material and significant, two hundred thousand dollars ($200,000) or 1 percent of a facility’s total costs, whichever is less. (4) A request shall be submitted for each affected year. (5) Amounts granted for supplemental payment requests shall be paid as lump-sum amounts for those years and not as revised PPS rates, and shall be repaid by the FQHC or RHC to the extent that it is not expended for the specified purposes. (6) The department shall notify the provider of the department’s discretionary decision in writing. (g) (1) An FQHC or RHC “visit” means a face-to-face encounter between an FQHC or RHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, clinical psychologist, licensed clinical social worker, marriage and family therapist, or a visiting nurse. For purposes of this section, “physician” shall be interpreted in a manner consistent with the Centers for Medicare and Medicaid Services’ Medicare Rural Health Clinic and Federally Qualified Health Center Manual (Publication 27), or its successor, only to the extent that it defines the professionals whose services are reimbursable on a per-visit basis and not as to the types of services that these professionals may render during these visits and shall include a physician and surgeon, podiatrist, dentist, optometrist, and chiropractor. A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a comprehensive perinatal services practitioner, as defined in Section 51179.1 of Title 22 of the California Code of Regulations, providing comprehensive perinatal services, a four-hour day of attendance at an adult day health care center, and any other provider identified in the state plan’s definition of an FQHC or RHC visit. (2) (A) A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice. (B) Notwithstanding subdivision (e), an FQHC or RHC that currently includes the cost of the services of a dental hygienist in alternative practice for the purposes of establishing its FQHC or RHC rate shall apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, shall bill these services as a separate visit. However, multiple encounters with dental professionals that take place on the same day shall constitute a single visit. The department shall develop the appropriate forms to determine which FQHC’s or RHC rates shall be adjusted and to facilitate the calculation of the adjusted rates. An FQHC’s or RHC’s application for, or the department’s approval of, a rate adjustment pursuant to this subparagraph shall not constitute a change in scope of service within the meaning of subdivision (e). An FQHC or RHC that applies for an adjustment to its rate pursuant to this subparagraph may continue to bill for all other FQHC or RHC visits at its existing per-visit rate, subject to reconciliation, until the rate adjustment for visits between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice has been approved. Any approved increase or decrease in the provider’s rate shall be made within six months after the date of receipt of the department’s rate adjustment forms pursuant to this subparagraph and shall be retroactive to the beginning of the fiscal year in which the FQHC or RHC submits the request, but in no case shall the effective date be earlier than January 1, 2008. (C) An FQHC or RHC that does not provide dental hygienist or dental hygienist in alternative practice services, and later elects to add these services, shall process the addition of these services as a change in scope of service pursuant to subdivision (e). (h) If FQHC or RHC services are partially reimbursed by a third-party payer, such as a managed care entity (as defined in Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the Medicare Program, or the Child Health and Disability Prevention (CHDP) program, the department shall reimburse an FQHC or RHC for the difference between its per-visit PPS rate and receipts from other plans or programs on a contract-by-contract basis and not in the aggregate, and may not include managed care financial incentive payments that are required by federal law to be excluded from the calculation. (i) (1) An entity that first qualifies as an FQHC or RHC in the year 2001 or later, a newly licensed facility at a new location added to an existing FQHC or RHC, and any entity that is an existing FQHC or RHC that is relocated to a new site shall each have its reimbursement rate established in accordance with one of the following methods, as selected by the FQHC or RHC: (A) The rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or adjacent area with a similar caseload. (B) In the absence of three comparable FQHCs or RHCs with a similar caseload, the rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or an adjacent service area, or in a reasonably similar geographic area with respect to relevant social, health care, and economic characteristics. (C) At a new entity’s one-time election, the department shall establish a reimbursement rate, calculated on a per-visit basis, that is equal to 100 percent of the projected allowable costs to the FQHC or RHC of furnishing FQHC or RHC services during the first 12 months of operation as an FQHC or RHC. After the first 12-month period, the projected per-visit rate shall be increased by the Medicare Economic Index then in effect. The projected allowable costs for the first 12 months shall be cost settled and the prospective payment reimbursement rate shall be adjusted based on actual and allowable cost per visit. (D) The department may adopt any further and additional methods of setting reimbursement rates for newly qualified FQHCs or RHCs as are consistent with Section 1396a(bb)(4) of Title 42 of the United States Code. (2) In order for an FQHC or RHC to establish the comparability of its caseload for purposes of subparagraph (A) or (B) of paragraph (1), the department shall require that the FQHC or RHC submit its most recent annual utilization report as submitted to the Office of Statewide Health Planning and Development, unless the FQHC or RHC was not required to file an annual utilization report. FQHCs or RHCs that have experienced changes in their services or caseload subsequent to the filing of the annual utilization report may submit to the department a completed report in the format applicable to the prior calendar year. FQHCs or RHCs that have not previously submitted an annual utilization report shall submit to the department a completed report in the format applicable to the prior calendar year. The FQHC or RHC shall not be required to submit the annual utilization report for the comparable FQHCs or RHCs to the department, but shall be required to identify the comparable FQHCs or RHCs. (3) The rate for any newly qualified entity set forth under this subdivision shall be effective retroactively to the later of the date that the entity was first qualified by the applicable federal agency as an FQHC or RHC, the date a new facility at a new location was added to an existing FQHC or RHC, or the date on which an existing FQHC or RHC was relocated to a new site. The FQHC or RHC shall be permitted to continue billing for Medi-Cal covered benefits on a fee-for-service basis until it is informed of its enrollment as an FQHC or RHC, and the department shall reconcile the difference between the fee-for-service payments and the FQHC’s or RHC’s prospective payment rate at that time. (j) Visits occurring at an intermittent clinic site, as defined in subdivision (h) of Section 1206 of the Health and Safety Code, of an existing FQHC or RHC, or in a mobile unit as defined by paragraph (2) of subdivision (b) of Section 1765.105 of the Health and Safety Code, shall be billed by and reimbursed at the same rate as the FQHC or RHC establishing the intermittent clinic site or the mobile unit, subject to the right of the FQHC or RHC to request a scope-of-service adjustment to the rate. (k) An FQHC or RHC may elect to have pharmacy or dental services reimbursed on a fee-for-service basis, utilizing the current fee schedules established for those services. These costs shall be adjusted out of the FQHC’s or RHC’s clinic base rate as scope-of-service changes. An FQHC or RHC that reverses its election under this subdivision shall revert to its prior rate, subject to an increase to account for all MEI increases occurring during the intervening time period, and subject to any increase or decrease associated with applicable scope-of-services adjustments as provided in subdivision (e). (l) FQHCs and RHCs may appeal a grievance or complaint concerning ratesetting, scope-of-service changes, and settlement of cost report audits, in the manner prescribed by Section 14171. The rights and remedies provided under this subdivision are cumulative to the rights and remedies available under all other provisions of law of this state. (m) The department shall, by no later than March 30, 2008, promptly seek all necessary federal approvals in order to implement this section, including any amendments to the state plan. To the extent that any element or requirement of this section is not approved, the department shall submit a request to the federal Centers for Medicare and Medicaid Services for any waivers that would be necessary to implement this section. (n) The department shall implement this section only to the extent that federal financial participation is obtained.
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. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides that federally qualified health center services and rural health clinic services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. “Visit” is defined as a face-to-face encounter between a patient of a federally qualified health center or a rural health clinic and specified health care professionals. This bill would include a marriage and family therapist within those health care professionals covered under that definition.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14132.100 of the Welfare and Institutions Code is amended to read: 14132.100. (a) The federally qualified health center services described in Section 1396d(a)(2)(C) of Title 42 of the United States Code are covered benefits. (b) The rural health clinic services described in Section 1396d(a)(2)(B) of Title 42 of the United States Code are covered benefits. (c) Federally qualified health center services and rural health clinic services shall be reimbursed on a per-visit basis in accordance with the definition of “visit” set forth in subdivision (g). (d) Effective October 1, 2004, and on each October 1, thereafter, until no longer required by federal law, federally qualified health center (FQHC) and rural health clinic (RHC) per-visit rates shall be increased by the Medicare Economic Index applicable to primary care services in the manner provided for in Section 1396a(bb)(3)(A) of Title 42 of the United States Code. Prior to January 1, 2004, FQHC and RHC per-visit rates shall be adjusted by the Medicare Economic Index in accordance with the methodology set forth in the state plan in effect on October 1, 2001. (e) (1) An FQHC or RHC may apply for an adjustment to its per-visit rate based on a change in the scope of services provided by the FQHC or RHC. Rate changes based on a change in the scope of services provided by an FQHC or RHC shall be evaluated in accordance with Medicare reasonable cost principles, as set forth in Part 413 (commencing with Section 413.1) of Title 42 of the Code of Federal Regulations, or its successor. (2) Subject to the conditions set forth in subparagraphs (A) to (D), inclusive, of paragraph (3), a change in scope of service means any of the following: (A) The addition of a new FQHC or RHC service that is not incorporated in the baseline prospective payment system (PPS) rate, or a deletion of an FQHC or RHC service that is incorporated in the baseline PPS rate. (B) A change in service due to amended regulatory requirements or rules. (C) A change in service resulting from relocating or remodeling an FQHC or RHC. (D) A change in types of services due to a change in applicable technology and medical practice utilized by the center or clinic. (E) An increase in service intensity attributable to changes in the types of patients served, including, but not limited to, populations with HIV or AIDS, or other chronic diseases, or homeless, elderly, migrant, or other special populations. (F) Any changes in any of the services described in subdivision (a) or (b), or in the provider mix of an FQHC or RHC or one of its sites. (G) Changes in operating costs attributable to capital expenditures associated with a modification of the scope of any of the services described in subdivision (a) or (b), including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the center or clinic. (H) Indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents. (I) Any changes in the scope of a project approved by the federal Health Resources and Service Services Administration (HRSA). (3) No change in costs shall, in and of itself, be considered a scope-of-service change unless all of the following apply: (A) The increase or decrease in cost is attributable to an increase or decrease in the scope of services defined in subdivisions (a) and (b), as applicable. (B) The cost is allowable under Medicare reasonable cost principles set forth in Part 413 (commencing with Section 413) of Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations, or its successor. (C) The change in the scope of services is a change in the type, intensity, duration, or amount of services, or any combination thereof. (D) The net change in the FQHC’s or RHC’s rate equals or exceeds 1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs that filed consolidated cost reports for multiple sites to establish the initial prospective payment reimbursement rate, the 1.75-percent threshold shall be applied to the average per-visit rate of all sites for the purposes of calculating the cost associated with a scope-of-service change. “Net change” means the per-visit rate change attributable to the cumulative effect of all increases and decreases for a particular fiscal year. (4) An FQHC or RHC may submit requests for scope-of-service changes once per fiscal year, only within 90 days following the beginning of the FQHC’s or RHC’s fiscal year. Any approved increase or decrease in the provider’s rate shall be retroactive to the beginning of the FQHC’s or RHC’s fiscal year in which the request is submitted. (5) An FQHC or RHC shall submit a scope-of-service rate change request within 90 days of the beginning of any FQHC or RHC fiscal year occurring after the effective date of this section, if, during the FQHC’s or RHC’s prior fiscal year, the FQHC or RHC experienced a decrease in the scope of services provided that the FQHC or RHC either knew or should have known would have resulted in a significantly lower per-visit rate. If an FQHC or RHC discontinues providing onsite pharmacy or dental services, it shall submit a scope-of-service rate change request within 90 days of the beginning of the following fiscal year. The rate change shall be effective as provided for in paragraph (4). As used in this paragraph, “significantly lower” means an average per-visit rate decrease in excess of 2.5 percent. (6) Notwithstanding paragraph (4), if the approved scope-of-service change or changes were initially implemented on or after the first day of an FQHC’s or RHC’s fiscal year ending in calendar year 2001, but before the adoption and issuance of written instructions for applying for a scope-of-service change, the adjusted reimbursement rate for that scope-of-service change shall be made retroactive to the date the scope-of-service change was initially implemented. Scope-of-service changes under this paragraph shall be required to be submitted within the later of 150 days after the adoption and issuance of the written instructions by the department, or 150 days after the end of the FQHC’s or RHC’s fiscal year ending in 2003. (7) All references in this subdivision to “fiscal year” shall be construed to be references to the fiscal year of the individual FQHC or RHC, as the case may be. (f) (1) An FQHC or RHC may request a supplemental payment if extraordinary circumstances beyond the control of the FQHC or RHC occur after December 31, 2001, and PPS payments are insufficient due to these extraordinary circumstances. Supplemental payments arising from extraordinary circumstances under this subdivision shall be solely and exclusively within the discretion of the department and shall not be subject to subdivision (l). These supplemental payments shall be determined separately from the scope-of-service adjustments described in subdivision (e). Extraordinary circumstances include, but are not limited to, acts of nature, changes in applicable requirements in the Health and Safety Code, changes in applicable licensure requirements, and changes in applicable rules or regulations. Mere inflation of costs alone, absent extraordinary circumstances, shall not be grounds for supplemental payment. If an FQHC’s or RHC’s PPS rate is sufficient to cover its overall costs, including those associated with the extraordinary circumstances, then a supplemental payment is not warranted. (2) The department shall accept requests for supplemental payment at any time throughout the prospective payment rate year. (3) Requests for supplemental payments shall be submitted in writing to the department and shall set forth the reasons for the request. Each request shall be accompanied by sufficient documentation to enable the department to act upon the request. Documentation shall include the data necessary to demonstrate that the circumstances for which supplemental payment is requested meet the requirements set forth in this section. Documentation shall include all of the following: (A) A presentation of data to demonstrate reasons for the FQHC’s or RHC’s request for a supplemental payment. (B) Documentation showing the cost implications. The cost impact shall be material and significant, two hundred thousand dollars ($200,000) or 1 percent of a facility’s total costs, whichever is less. (4) A request shall be submitted for each affected year. (5) Amounts granted for supplemental payment requests shall be paid as lump-sum amounts for those years and not as revised PPS rates, and shall be repaid by the FQHC or RHC to the extent that it is not expended for the specified purposes. (6) The department shall notify the provider of the department’s discretionary decision in writing. (g) (1) An FQHC or RHC “visit” means a face-to-face encounter between an FQHC or RHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, clinical psychologist, licensed clinical social worker, marriage and family therapist, or a visiting nurse. For purposes of this section, “physician” shall be interpreted in a manner consistent with the Centers for Medicare and Medicaid Services’ Medicare Rural Health Clinic and Federally Qualified Health Center Manual (Publication 27), or its successor, only to the extent that it defines the professionals whose services are reimbursable on a per-visit basis and not as to the types of services that these professionals may render during these visits and shall include a physician and surgeon, podiatrist, dentist, optometrist, and chiropractor. A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a comprehensive perinatal services practitioner, as defined in Section 51179.1 of Title 22 of the California Code of Regulations, providing comprehensive perinatal services, a four-hour day of attendance at an adult day health care center, and any other provider identified in the state plan’s definition of an FQHC or RHC visit. (2) (A) A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice. (B) Notwithstanding subdivision (e), an FQHC or RHC that currently includes the cost of the services of a dental hygienist in alternative practice for the purposes of establishing its FQHC or RHC rate shall apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, shall bill these services as a separate visit. However, multiple encounters with dental professionals that take place on the same day shall constitute a single visit. The department shall develop the appropriate forms to determine which FQHC’s or RHC rates shall be adjusted and to facilitate the calculation of the adjusted rates. An FQHC’s or RHC’s application for, or the department’s approval of, a rate adjustment pursuant to this subparagraph shall not constitute a change in scope of service within the meaning of subdivision (e). An FQHC or RHC that applies for an adjustment to its rate pursuant to this subparagraph may continue to bill for all other FQHC or RHC visits at its existing per-visit rate, subject to reconciliation, until the rate adjustment for visits between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice has been approved. Any approved increase or decrease in the provider’s rate shall be made within six months after the date of receipt of the department’s rate adjustment forms pursuant to this subparagraph and shall be retroactive to the beginning of the fiscal year in which the FQHC or RHC submits the request, but in no case shall the effective date be earlier than January 1, 2008. (C) An FQHC or RHC that does not provide dental hygienist or dental hygienist in alternative practice services, and later elects to add these services, shall process the addition of these services as a change in scope of service pursuant to subdivision (e). (h) If FQHC or RHC services are partially reimbursed by a third-party payer, such as a managed care entity (as defined in Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the Medicare Program, or the Child Health and Disability Prevention (CHDP) program, the department shall reimburse an FQHC or RHC for the difference between its per-visit PPS rate and receipts from other plans or programs on a contract-by-contract basis and not in the aggregate, and may not include managed care financial incentive payments that are required by federal law to be excluded from the calculation. (i) (1) An entity that first qualifies as an FQHC or RHC in the year 2001 or later, a newly licensed facility at a new location added to an existing FQHC or RHC, and any entity that is an existing FQHC or RHC that is relocated to a new site shall each have its reimbursement rate established in accordance with one of the following methods, as selected by the FQHC or RHC: (A) The rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or adjacent area with a similar caseload. (B) In the absence of three comparable FQHCs or RHCs with a similar caseload, the rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or an adjacent service area, or in a reasonably similar geographic area with respect to relevant social, health care, and economic characteristics. (C) At a new entity’s one-time election, the department shall establish a reimbursement rate, calculated on a per-visit basis, that is equal to 100 percent of the projected allowable costs to the FQHC or RHC of furnishing FQHC or RHC services during the first 12 months of operation as an FQHC or RHC. After the first 12-month period, the projected per-visit rate shall be increased by the Medicare Economic Index then in effect. The projected allowable costs for the first 12 months shall be cost settled and the prospective payment reimbursement rate shall be adjusted based on actual and allowable cost per visit. (D) The department may adopt any further and additional methods of setting reimbursement rates for newly qualified FQHCs or RHCs as are consistent with Section 1396a(bb)(4) of Title 42 of the United States Code. (2) In order for an FQHC or RHC to establish the comparability of its caseload for purposes of subparagraph (A) or (B) of paragraph (1), the department shall require that the FQHC or RHC submit its most recent annual utilization report as submitted to the Office of Statewide Health Planning and Development, unless the FQHC or RHC was not required to file an annual utilization report. FQHCs or RHCs that have experienced changes in their services or caseload subsequent to the filing of the annual utilization report may submit to the department a completed report in the format applicable to the prior calendar year. FQHCs or RHCs that have not previously submitted an annual utilization report shall submit to the department a completed report in the format applicable to the prior calendar year. The FQHC or RHC shall not be required to submit the annual utilization report for the comparable FQHCs or RHCs to the department, but shall be required to identify the comparable FQHCs or RHCs. (3) The rate for any newly qualified entity set forth under this subdivision shall be effective retroactively to the later of the date that the entity was first qualified by the applicable federal agency as an FQHC or RHC, the date a new facility at a new location was added to an existing FQHC or RHC, or the date on which an existing FQHC or RHC was relocated to a new site. The FQHC or RHC shall be permitted to continue billing for Medi-Cal covered benefits on a fee-for-service basis until it is informed of its enrollment as an FQHC or RHC, and the department shall reconcile the difference between the fee-for-service payments and the FQHC’s or RHC’s prospective payment rate at that time. (j) Visits occurring at an intermittent clinic site, as defined in subdivision (h) of Section 1206 of the Health and Safety Code, of an existing FQHC or RHC, or in a mobile unit as defined by paragraph (2) of subdivision (b) of Section 1765.105 of the Health and Safety Code, shall be billed by and reimbursed at the same rate as the FQHC or RHC establishing the intermittent clinic site or the mobile unit, subject to the right of the FQHC or RHC to request a scope-of-service adjustment to the rate. (k) An FQHC or RHC may elect to have pharmacy or dental services reimbursed on a fee-for-service basis, utilizing the current fee schedules established for those services. These costs shall be adjusted out of the FQHC’s or RHC’s clinic base rate as scope-of-service changes. An FQHC or RHC that reverses its election under this subdivision shall revert to its prior rate, subject to an increase to account for all MEI increases occurring during the intervening time period, and subject to any increase or decrease associated with applicable scope-of-services adjustments as provided in subdivision (e). (l) FQHCs and RHCs may appeal a grievance or complaint concerning ratesetting, scope-of-service changes, and settlement of cost report audits, in the manner prescribed by Section 14171. The rights and remedies provided under this subdivision are cumulative to the rights and remedies available under all other provisions of law of this state. (m) The department shall, by no later than March 30, 2008, promptly seek all necessary federal approvals in order to implement this section, including any amendments to the state plan. To the extent that any element or requirement of this section is not approved, the department shall submit a request to the federal Centers for Medicare and Medicaid Services for any waivers that would be necessary to implement this section. (n) The department shall implement this section only to the extent that federal financial participation is obtained. ### Summary: This bill would amend Section 14132.100 of the Welfare and Institutions Code to require the Department of Health Care Access and Accountability to
The people of the State of California do enact as follows: SECTION 1. Part 20 (commencing with Section 870) is added to Division 2 of the Probate Code, to read: PART 20. Revised Uniform Fiduciary Access to Digital Assets Act 870. This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act. 871. As used in this part, the following terms shall have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) “Carries” means engages in the transmission of electronic communications. (c) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (d) “Content of an electronic communication” means information concerning the substance or meaning of the communication, which meets all of the following requirements: (1) Has been sent or received by a user. (2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public. (3) Is not readily accessible to the public. (e) “Court” means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user’s domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. (f) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (g) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (h) “Digital asset” means an electronic record in which an individual has a right or interest. The term “digital asset” does not include an underlying asset or liability, unless the asset or liability is itself an electronic record. (i) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (j) “Electronic communication” has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code. (k) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (l) “Fiduciary” means an original, additional, or successor personal representative or trustee. (m) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. (n) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (o) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (p) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. (q) “Power of attorney” means a record that grants an agent authority to act in the place of the principal. (r) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. (s) “Remote-computing service” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. (t) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. (u) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (v) “User” means a person that has an account with a custodian. (w) “Will” includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. 872. (a) This part shall apply to any of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017. (2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. (3) A trustee acting under a trust created before, on, or after January 1, 2017. (4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. (b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. 873. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user. (c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement. 874. (a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. (b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. (c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. 875. (a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: (1) Grant the fiduciary or designated recipient full access to the user’s account. (2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged. (3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part. (c) A custodian need not disclose under this part a digital asset deleted by a user. (d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following: (1) Disclose a subset limited by date of the user’s digital assets. (2) Disclose all of the user’s digital assets to the fiduciary or designated recipient. (3) Disclose none of the user’s digital assets. (4) Disclose all of the user’s digital assets to the court for review in camera. 876. If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An order of the court finding any of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law. (C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications. (D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration. 877. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. (4) An order of the court finding either of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. 878. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. 879. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument or a certification of trust under Section 18100.5. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. 880. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (1) The duty of care. (2) The duty of loyalty. (3) The duty of confidentiality. (b) All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement. (2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law. (3) In the case of a fiduciary, a fiduciary’s authority is limited by the scope of the fiduciary’s duties. (4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. (e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor: (1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. (2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws. (f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a decedent or settlor may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: (1) If the user is deceased, a certified copy of the death certificate of the user. (2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account. (3) If requested by the custodian, any of the following: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (B) Evidence linking the account to the user. (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). 881. (a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. (c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. (d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. (e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: (1) The account belongs to the decedent, principal, or trustee. (2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. (3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part. 882. This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). 883. Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor. 884. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable.
Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. This bill would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. The bill would authorize a person to use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets. The bill would specify that, if a person has not used an online tool to give that direction, he or she may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record. The bill would require a custodian of the digital assets to comply with a fiduciary’s request for disclosure of digital assets or to terminate an account, except under certain circumstances, including when the decedent has prohibited this disclosure using the online tool. The bill would make custodians immune from liability for an act or omission done in good faith in compliance with these provisions.
<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Part 20 (commencing with Section 870) is added to Division 2 of the Probate Code, to read: PART 20. Revised Uniform Fiduciary Access to Digital Assets Act 870. This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act. 871. As used in this part, the following terms shall have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) “Carries” means engages in the transmission of electronic communications. (c) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (d) “Content of an electronic communication” means information concerning the substance or meaning of the communication, which meets all of the following requirements: (1) Has been sent or received by a user. (2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public. (3) Is not readily accessible to the public. (e) “Court” means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user’s domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. (f) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (g) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (h) “Digital asset” means an electronic record in which an individual has a right or interest. The term “digital asset” does not include an underlying asset or liability, unless the asset or liability is itself an electronic record. (i) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (j) “Electronic communication” has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code. (k) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (l) “Fiduciary” means an original, additional, or successor personal representative or trustee. (m) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. (n) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (o) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (p) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. (q) “Power of attorney” means a record that grants an agent authority to act in the place of the principal. (r) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. (s) “Remote-computing service” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. (t) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. (u) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (v) “User” means a person that has an account with a custodian. (w) “Will” includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. 872. (a) This part shall apply to any of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017. (2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. (3) A trustee acting under a trust created before, on, or after January 1, 2017. (4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. (b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. 873. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user. (c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement. 874. (a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. (b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. (c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. 875. (a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: (1) Grant the fiduciary or designated recipient full access to the user’s account. (2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged. (3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part. (c) A custodian need not disclose under this part a digital asset deleted by a user. (d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following: (1) Disclose a subset limited by date of the user’s digital assets. (2) Disclose all of the user’s digital assets to the fiduciary or designated recipient. (3) Disclose none of the user’s digital assets. (4) Disclose all of the user’s digital assets to the court for review in camera. 876. If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An order of the court finding any of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law. (C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications. (D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration. 877. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. (4) An order of the court finding either of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. 878. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. 879. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument or a certification of trust under Section 18100.5. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. 880. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (1) The duty of care. (2) The duty of loyalty. (3) The duty of confidentiality. (b) All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement. (2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law. (3) In the case of a fiduciary, a fiduciary’s authority is limited by the scope of the fiduciary’s duties. (4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. (e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor: (1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. (2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws. (f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a decedent or settlor may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: (1) If the user is deceased, a certified copy of the death certificate of the user. (2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account. (3) If requested by the custodian, any of the following: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (B) Evidence linking the account to the user. (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). 881. (a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. (c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. (d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. (e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: (1) The account belongs to the decedent, principal, or trustee. (2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. (3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part. 882. This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). 883. Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor. 884. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable. ### 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>