Bill Text: CA SB1289 | 2017-2018 | Regular Session | Introduced
Bill Title: Maintenance of the codes.
Spectrum: Committee Bill
Status: (Passed) 2018-07-09 - Chaptered by Secretary of State. Chapter 92, Statutes of 2018. [SB1289 Detail]
Download: California-2017-SB1289-Introduced.html
Senate Bill | No. 1289 |
Introduced by Committee on Judiciary (Senators Jackson (Chair), Anderson, Hertzberg, Monning, Moorlach, Stern, and Wieckowski) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2894 of the Business and Professions Code is amended to read:2894.
(a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriationSEC. 2.
Section 3502.1.5 of the Business and Professions Code is amended to read:3502.1.5.
SEC. 3.
Section 4301 of the Business and Professions Code is amended to read:4301.
The board shall take action against any holder of a license who is guilty of unprofessional conduct or whose license has been issued by mistake. Unprofessional conductSEC. 4.
Section 6081 of the Business and Professions Code is amended to read:6081.
Upon the making of any decision recommending the disbarment or suspension from practice of any member of the State Bar, the board shall immediately file a certified copy of the decision, together with the transcript and the findings, with the Clerk/Executive Officer of the Supreme Court. Upon enrolling a member as an inactive member pursuant to Section 6007 of this code, or upon terminating or refusing to terminateSEC. 5.
Section 7500.3 of the Business and Professions Code is amended to read:7500.3.
(a) A repossession agency shall not include any of the following:SEC. 6.
Section 7521 of the Business and Professions Code is amended to read:7521.
A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:SEC. 7.
Section 7530 of the Business and Professions Code, as added by Section 9 of Chapter 669 of the Statutes of 2014, is repealed.(a)A license issued under this chapter is not assignable.
(b)This section shall become operative on January 1, 2018.
SEC. 8.
Section 7538.5 of the Business and Professions Code, as amended by Section 28 of Chapter 569 of the Statutes of 2017, is amended to read:7538.5.
(a) The director may refuse to issue any license provided for in this chapter to any of the following:SEC. 9.
Section 7539 of the Business and Professions Code, as amended by Section 30 of Chapter 569 of the Statutes of 2017, is amended to read:7539.
(a)SEC. 10.
Section 7639.08 of the Business and Professions Code is amended to read:7639.08.
(a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475).SEC. 11.
Section 7685.2 of the Business and Professions Code, as added by Section 24 of Chapter 846 of the Statutes of 2017, is amended to read:7685.2.
(a)(3)
SEC. 12.
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.SEC. 13.
Section 19239 of the Business and Professions Code is amended to read:19239.
(a) Before a permit is issued, the bureau shall require the applicant to establish ability and reasonable financial responsibility to initiate the proposed operations. The bureau shall require the applicant to establish his or her knowledge and ability to engage in business as a household mover by examination. The examination may be written or oral, or in the form of a demonstration of skill, or any combination of these, and any investigation of character, experience, and any tests of technical knowledge and manual skill that the bureau determines to be appropriate may be employed. In any examination, the qualification of the applicant shall be determined by an appraisal made by a member of the bureau’s staff. The criteria used by the bureau staff in making the required appraisal to determine whether the applicant has met the qualifications shall be established by the bureau by rule or regulation, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An applicant who has been determined to be unqualified may establish his or her qualifications through a subsequent examination, but no subsequent examination shall be taken prior to 30 days from the date when the applicant was found to be unqualified. If the staff member determines that the applicant is not qualified and denies the application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for a hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. If the staff member determines that the applicant is qualified, the bureau may issue a permit without a hearing.SEC. 14.
Section 19245 of the Business and Professions Code is amended to read:19245.
(a) Except as provided in Section 19237, a household mover in compliance with this chapter has a carrier’s lien on used household goods and personal effects to secure payment of the amount specified in subdivision (b) for transportation and additional services ordered by the consignor. A carrier’s lien does not attach to food, medicine, or medical devices, items used to treat or assist an individual with a disability, or items used for the care of a minor child.SEC. 15.
Section 19250 of the Business and Professions Code is amended to read:19250.
With the consent of theSEC. 16.
The heading of Article 9 (commencing with Section 19285) of Chapter 3.1 of Division 8 of the Business and Professions Code is amended to read:
Article
9. Household Mover Movers Uniform Business PermitFee Permit Fee Act
SEC. 17.
The heading of Chapter 5 (commencing with Section 22980) of Division 8.6 of the Business and Professions Code is amended to read:
CHAPTER
5. Inspections,Prohibitions, Inspections, Prohibitions, and Penalties
SEC. 18.
Section 25682 of the Business and Professions Code is amended to read:25682.
(a) Beginning July 1, 2021, a licensee that is subject to this article shall not employ or continue to employ any alcohol server without a valid alcohol server certification.SEC. 19.
Section 26001 of the Business and Professions Code is amended to read:26001.
For purposes of this division, the following definitionsSEC. 20.
Section 26013 of the Business and Professions Code is amended to read:26013.
(a) Licensing authorities shall make and prescribe reasonable rules and regulations as may be necessary to implement,SEC. 21.
Section 26051 of the Business and Professions Code is amended to read:26051.
(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.SEC. 22.
Section 26055 of the Business and Professions Code is amended to read:26055.
(a) Licensing authorities may issue state licenses only to qualified applicants.SEC. 23.
Section 26057 of the Business and Professions Code is amended to read:26057.
(a) The licensing authority shall deny an application if either the applicant, or the premises for which a state license is applied, do not qualify for licensure under this division.SEC. 24.
Section 26060 of the Business and Professions Code is amended to read:26060.
(a) Regulations issued by the Department of Food and Agriculture governing the licensing of indoor, outdoor, nursery, special cottage, and mixed-light cultivation sites shall apply to licensed cultivators under this division. The Department of Food and Agriculture shall have the authority necessary for the implementation of the regulations it adopts pursuant to this division, including regulations governing the licensing of indoor, outdoor, mixed-light cultivation site, nursery, and special cottage cultivation.SEC. 25.
Section 26060.1 of the Business and Professions Code is amended to read:26060.1.
(a) An application for a license for cultivation issued by the Department of Food and Agriculture shall identify the source of water supply as follows:SEC. 26.
Section 26067 of the Business and Professions Code is amended to read:26067.
(a) The department, in consultation with the bureau, shall establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier pursuant to Section 26069, secure packaging, and is capable of providing information that captures, at a minimum, all of the following:SEC. 27.
Section 26068 of the Business and Professions Code is amended to read:26068.
(a) The department, in consultation with the bureau and theSEC. 28.
Section 26070.5 of the Business and Professions Code is amended to read:26070.5.
(a) The bureau shall, by January 1, 2020, investigate the feasibility of creating one or more classifications of nonprofit licenses under this section. The feasibility determination shall be made in consultation with the relevant licensing agencies and representatives of local jurisdictions which issue temporary licenses pursuant to subdivision (b). The bureau shall consider factors including, but not limited to, the following:SEC. 29.
Section 26110 of the Business and Professions Code is amended to read:26110.
(a) Cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or nonprofit licensed under Section 26070.5, except for immature cannabis plants and seeds, as provided for in this division.SEC. 30.
Section 26152 of the Business and Professions Code is amended to read:26152.
A licensee shall not do any of the following:SEC. 31.
Section 26211 of the Business and Professions Code is amended to read:26211.
(a) Funds for the initial establishment and support of the regulatory activities under this division, including the public information program described in subdivision (c), and for the activities of theSEC. 32.
Section 26231 of the Business and Professions Code is amended to read:26231.
A corporation that is organized or existing pursuant to any law exceptSEC. 33.
Section 846 of the Civil Code is amended to read:846.
(a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section. A
An
This
Nothing in this section creates a
SEC. 34.
Section 945 of the Civil Code is amended to read:945.
The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in SectionsSEC. 35.
Section 1550.5 of the Civil Code is amended to read:1550.5.
(a) The Legislature finds and declares all of the following:SEC. 36.
Section 1798.25 of the Civil Code is amended to read:1798.25.
(a) Each agency shall keep an accurate accounting of the date, nature, and purpose of each disclosure of a record made pursuant to subdivision (i), (k), (l), (o), or (p) of Section 1798.24. This accounting shall also be required for disclosures made pursuant to subdivision (e) or (f) of Section 1798.24 unless notice of the type of disclosure has been provided pursuant to Sections 1798.9 and 1798.10. The accounting shall also include the name, title, and business address of the person or agency to whom the disclosure was made. For the purpose of an accounting of a disclosure made under subdivision (o) of Section 1798.24, it shall be sufficient for a law enforcement or regulatory agency to record the date of disclosure, the law enforcement or regulatory agency requesting the disclosure, and whether the purpose of the disclosure is for an investigation of unlawful activity under the jurisdiction of the requesting agency, or for licensing, certification, or regulatory purposes by that agency. Routine
SEC. 37.
Section 1938 of the Civil Code is amended to read:1938.
(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).SEC. 38.
Section 4615 of the Civil Code is amended to read:4615.
(a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners’ agent or contractor shall be the basis for the filing of a lien against any other property ofSEC. 39.
Section 38 of the Code of Civil Procedure is amended to read:38.
Unless the provision or context otherwise requires, a reference in a statute to a judicial district means:(c)As it relates to a municipal court, the municipal court district.
(d)As it relates to a county in which there is no municipal court, the county.
SEC. 40.
Section 77 of the Code of Civil Procedure is amended to read:77.
(a) In every countySEC. 41.
Section 116.221 of the Code of Civil Procedure is amended to read:116.221.
In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed ten thousand dollars ($10,000), exceptSEC. 42.
Section 1159 of the Code of Civil Procedure is amended to read:1159.
(a) Every person is guilty of a forcible entry who either:1.
2.
SEC. 43.
Section 1160 of the Code of Civil Procedure is amended to read:1160.
(a) Every person is guilty of a forcible detainer who either:1.
2.
SEC. 44.
Section 2016.080 of the Code of Civil Procedure is amended to read:2016.080.
(a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court’s own motion for the purpose of discussing discovery matters in dispute between the parties.SEC. 45.
Section 2034.260 of the Code of Civil Procedure is amended to read:2034.260.
(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified inSEC. 46.
Section 2093 of the Code of Civil Procedure is amended to read:2093.
(a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations.SEC. 47.
Section 1401.5 of the Corporations Code is amended to read:1401.5.
(a) A trustee, liquidating agent, responsible officer, or other representative appointed by the court for a corporation subject to an order for relief entered in a case under Chapter 11 (commencing with Section 1101) of Title 11 of the United States Code may sign and verify a certificate of dissolution when the corporation has been completely wound up.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. 48.
Section 12317 of the Corporations Code is amended to read:12317.
(a) A worker cooperative may, in its articles or bylaws, establish itself as a capital account cooperative.SEC. 49.
Section 35330 of the Education Code is amended to read:35330.
(a) The governing board of a school district or the county superintendent of schools of a county may:SEC. 50.
Section 44010 of the Education Code is amended to read:44010.
“Sex offense,” as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:SEC. 51.
Section 44225 of the Education Code is amended to read:44225.
The commission shall do all of the following:SEC. 52.
Section 44978.2 of the Education Code is amended to read:44978.2.
(a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a certificated employee hired on or after, or employed on or after, January 1, 2017, who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs, shall be entitled to leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability.SEC. 53.
Section 46601 of the Education Code is amended to read:46601.
(a) If, within 30 calendar days after the person having legal custody of a pupil has so requested, the governing board of either school district fails to approve interdistrict attendance in the current term, or, in the absence of an agreement between the school districts, fails or refuses to enter into an agreement, the school district denying the permit, or, in the absence of an agreement, the school district of residence, shall advise the person requesting the permit of the right to appeal to the county board of education.SEC. 54.
Section 48204.4 of the Education Code is amended to read:48204.4.
(a) A pupil complies with the residency requirements for school attendance in a school district if he or she is a pupil whose parent or parents were residents of this state andSEC. 55.
Section 51422 of the Education Code is amended to read:51422.
Each scoring contractor shall provide the SuperintendentSEC. 56.
Section 54444.2 of the Education Code is amended to read:54444.2.
(a) The Superintendent of Public Instruction shall take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which shall include, but need not be limited to, the following:SEC. 57.
Section 84750.7 of the Education Code is amended to read:84750.7.
(a) Notwithstanding Section 84750.5, the board of governors shall provide the Compton Community College District with revenues, as specified in subdivision (b), if both of the following conditions are met:SEC. 58.
Section 87623 of the Education Code is amended to read:87623.
(a) Each academic employee who is subject to accusations of misconduct is entitled to be provided with the general nature of the accusations made against him or her at least two business days before the employee is placed on involuntary paid administrative leave. At least two business days before he or she is placed on involuntary paid administrative leave, the employee shall be notified in writing of the general nature of the allegation or allegations of misconduct upon which the decision to place the employee on involuntary paid administrative leave is based.SEC. 59.
Section 88912 of the Education Code is amended to read:88912.
(a) Commencing with the 2017–18 academic year, each participating community college shall provide a grant award to a student pursuant to subdivision (b). The purpose of the grant award is to provide the student with additional financial aid to help offset his or her total cost of community college attendance.SEC. 60.
Section 10 of the Elections Code is amended to read:10.
(a) The Secretary of State is the chief elections officer of the state, and has the powers and duties specified in this code and Section 12172.5 of the Government Code.SEC. 61.
Section 9067 of the Elections Code is amended to read:9067.
(a) If more than one argument for, or more than one argument against, a measure is filed within the time prescribed, the Secretary of State shall select one of the arguments for printing in the state voter information guide. In selecting the argument the Secretary of State shall give preference and priority in the order named to the arguments of the following:SEC. 62.
Section 9111 of the Elections Code is amended to read:9111.
(a) During the circulation of the petition or before taking either action described in subdivisions (a) and (b) of Section 9118, the board of supervisors may refer the proposed initiative measure to a county agency or agencies for a report on any or all of the following:SEC. 63.
Section 9287 of the Elections Code is amended to read:9287.
(a) If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the city elections official shall give preference and priority, in the order named, to the arguments of the following:(a)
(b)
(c)
(d)
(e)
(f)
SEC. 64.
Section 9310 of the Elections Code is amended to read:9310.
(a) If the initiative petition is signed by voters not less in number than 10 percent of the voters in the district,SEC. 65.
Section 9503 of the Elections Code is amended to read:9503.
(a) If more than one argument for or more than one argument against any school measure is submitted to the person conducting the election within the time prescribed, the person conducting the election shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the arguments, the person conducting the election shall give preference and priority, in the order named, to the arguments of the following:(a)
(b)
(c)
(d)
(e)
(f)
SEC. 66.
Section 14228 of the Elections Code is amended and renumbered to read:14228.14428
(a) Notwithstanding Section 14420, in elections conducted using vote centers, at the end of each voting day, the precinct board shall remove the voted ballots from the ballot container and deliver them to the central receiving center pursuant to Section 14422.SEC. 67.
Section 21551 of the Elections Code is amended to read:21551.
(a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.SEC. 68.
Section 22681 of the Financial Code is amended to read:22681.
A program administrator shall establish and maintain a training program for PACE solicitor agents, which is acceptable to the commissioner.SEC. 69.
Section 22686 of the Financial Code is amended to read:22686.
A program administrator shall not approveSEC. 70.
Section 22687 of the Financial Code is amended to read:22687.
(a) A program administrator shall determine,SEC. 71.
Section 2080.1 of the Fish and Game Code is amended to read:2080.1.
(a) Notwithstanding any other provision of this chapter, or Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing with Section 1925) of Division 2, but subject to subdivision (c), if any person obtains from the United States Secretary of the Interior or the United States Secretary of Commerce an incidental take statement pursuant to Section 1536 of Title 16 of the United States Code or an incidental take permit pursuant to Section 1539 of Title 16 of the United States Code that authorizes the taking of an endangered species or a threatened species that is listed pursuant to Section 1533 of Title 16 of the United States Code and that is an endangered species, threatened species, or a candidate species pursuant to this chapter, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the incidental take statement or incidental take permit, if that person does both of the following:SEC. 72.
Section 224 of the Food and Agricultural Code is amended to read:224.
Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the Revenue and Taxation Code shall be expended by the Secretary of Food and Agriculture as follows:SEC. 73.
Section 4051 of the Food and Agricultural Code is amended to read:4051.
(a) An association may do any of the following:SEC. 74.
Section 11792 of the Food and Agricultural Code is amended to read:11792.
It is also unlawful for any person that is subject to this division to do any of the following:SEC. 75.
Section 14649 of the Food and Agricultural Code is amended to read:14649.
(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a fertilizer that was stolen or otherwise acquired by illegal means.SEC. 76.
Section 35016 of the Food and Agricultural Code is amended to read:35016.
(a) Except as provided in subdivision (b), any hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a milk products plant license.SEC. 77.
Section 35221 of the Food and Agricultural Code is amended to read:35221.
(a) Every person that is engaged in the business of dealing in, receiving, manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar frozen product, of manufacturing, freezing, or processing imitation ice cream, imitation ice milk, or any similar frozen product, or of processing any other dairy product for which a license is required, shall pay the following fees:SEC. 78.
Section 54291 of the Food and Agricultural Code is amended to read:54291.
SEC. 79.
Section 79163 of the Food and Agricultural Code is amended to read:79163.
A vacancy on the commission occurring by the failure of a person elected to the commission as a member or alternate to continue in his or her position due to a change in status making him or her ineligible to serve or due to death,SEC. 80.
Section 79187 of the Food and Agricultural Code is amended to read:79187.
When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter,SEC. 81.
Section 79851 of the Food and Agricultural Code is amended to read:79851.
The powers and duties of the commission board of directorsSEC. 82.
Section 915 of the Government Code is amended to read:915.
(a) A claim, any amendment thereto, or an application to the public entity for leave to present a late claim shall be presented to a local public entity by either of the following means:SEC. 83.
Section 946.6 of the Government Code is amended to read:946.6.
(a) If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4. The proper court for filing the petition is a superior court that would be a proper court for the trial of an action on the cause of action to which the claim relates. If the petition is filed in a court which is not a proper court for the determination of the matter, the court, on motion of any party, shall transfer the proceeding to a proper court. If an action on the cause of action to which the claim relates would be a limited civil case, a proceeding pursuant to this section is a limited civil case.SEC. 84.
Section 955.9 of the Government Code is amended to read:955.9.
In actions on claims against a judicial branch entity, service of summons shall be made on:SEC. 85.
Section 1001 of the Government Code is amended to read:1001.
The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a Deputy Secretary of State; a Keeper of Archives of State for the Secretary of State; a bookkeeper for the Secretary of State; three recording clerks for the Secretary of State; a Controller; a Deputy Controller; a bookkeeper for the Controller; five clerks for the Controller; a Treasurer; a Deputy Treasurer; a bookkeeper for the Treasurer; a clerk for six months in each year for the Treasurer; an Attorney General and all assistant and deputy attorneys general; a Superintendent of Public Instruction; one clerk for the Superintendent of Public Instruction; an Insurance Commissioner; a deputy for the Insurance Commissioner; four port wardens for the Port of San Francisco; a port warden for each port of entry except San Francisco; five State Harbor Commissioners for San Francisco Harbor; six pilots for each harbor where there is no board of pilot commissioners; three members of the Board of Pilot Commissioners for Humboldt Bay and Bar; 13 members of the State Board of Food and Agriculture; four members of the State Board of Equalization; a clerk of the State Board of Equalization; three members of the State Board of Education; a librarian for the Supreme Court Library and the Chief Assistant Clerk/Executive Officer and the Assistant Clerks/Executive Officers of the Supreme Court; five directors for the state hospital at Napa; the manager, assistant manager, chief counsel, and divisionSEC. 86.
The heading of Chapter 11 (commencing with Section 3550) of Division 4 of Title 1 of the Government Code is amended to read:
CHAPTER
11. Prohibition on Public Employers Deterring or Discouraging Union Membership. Membership
SEC. 87.
Section 6253.2 of the Government Code is amended to read:6253.2.
(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b).SEC. 88.
Section 6253.4 of the Government Code is amended to read:6253.4.
(a) Every agency may adopt regulations stating the procedures to be followed when making its records available in accordance with this section. The
Department
Department
Transportation
Bureau
Department
Division
Department
Department
Department
Department
Secretary
State
Department
Department
San
State
State
Employment
State
State
State
State
Public
Teachers’
Department
Department
Department
Public
California
State
San
All
Los
Bay
Golden
Department
Office
Guidelines
SEC. 89.
Section 6254.3 of the Government Code is amended to read:6254.3.
(a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows:SEC. 90.
Section 6268 of the Government Code is amended to read:6268.
(a) Public records, as defined in Section 6252, in the custody or control of the Governor when he or she leaves office, either voluntarily or involuntarily, shall, as soon as is practical, be transferred to the State Archives. Notwithstanding any other Except
Notwithstanding
SEC. 91.
Section 8670.32 of the Government Code is amended to read:8670.32.
(a) A spill management team (SMT) may apply to the administrator for a certification of that SMT’s response capabilities. The administrator shall establish criteria for certifying SMTs based on an SMT’s capacity to respond to spills and manage spills effectively pursuant to this section.SEC. 92.
Section 9147.7 of the Government Code is amended to read:9147.7.
(a) For the purpose of this section, “eligible agency” means any agency, authority, board, bureau, commission, conservancy, council, department, division, or office of state government, however denominated, excluding an agency that is constitutionally created or an agency related to postsecondary education, for which a date for repeal has been established by statute on or after January 1, 2011.SEC. 93.
Section 9605 of the Government Code is amended to read:9605.
In
For
SEC. 94.
Section 12012.81 of the Government Code is amended to read:12012.81.
(a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Wilton Rancheria, executed on July 19, 2017, is hereby ratified.(F)The sale of compact assets, as defined in subdivision (a) of Section 63048.6, or the creation of the special purpose trust established pursuant to Section 63048.65.
SEC. 95.
Section 12012.91 of the Government Code, as added by Section 1 of Chapter 464 of the Statutes of 2017, is amended and renumbered to read:12012.91.12012.92
(a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Dry Creek Rancheria Band of Pomo Indians, executed on August 18, 2017, is hereby ratified.SEC. 96.
Section 12583 of the Government Code is amended to read:12583.
The filing, registration, and reporting provisions of this article do not apply to the United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions, to any religious corporation sole or other religious corporation or organization that holds property for religious purposes, or to any officer, director, or trustee thereof who holds property for like purposes, to a cemetery corporation regulated under ChapterSEC. 97.
Section 12993 of the Government Code is amended to read:12993.
(a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part.SEC. 98.
Section 14670.35 of the Government Code is amended to read:14670.35.
(a) Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of Developmental Services, may let in the best interests of the state and at a price which will permit the development of affordable housing for persons eligible under this section, to any person, including but not limited to any corporation or partnership, real property not exceeding 60 acres located within the grounds of Fairview State Hospital, for the purpose of developing affordable housing, which may include manufactured housing, for the employees of Fairview State Hospital, and for a period not to exceed 55 years. The lease authorized by this section shall be nonassignable, except it may be assignable, subject to approval by the Department of General Services and the State Department of Developmental Services, to a partnership in which the lessee has an interest of not less than 50 percent or to an individual, corporation or partnership which has a net worth of at least three million dollars ($3,000,000) and has experience substantially equal to that of the lessee in building, marketing,SEC. 99.
Section 14838 of the Government Code is amended to read:14838.
In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following:SEC. 100.
Section 15827 of the Government Code is amended to read:15827.
(a) The rights and remedies conferred by this part upon or granted to certificate holders are in addition to and not in limitation of any rights and remedies lawfully granted to If
(a)
(b)
(c)
(d)
(e)
SEC. 101.
Section 15830 of the Government Code is amended to read:15830.
(a) The bonds issued to finance the construction of a public building or buildings pursuant to this part shall be special obligations of this state secured solely by the revenues, rentals, or receipts received from the operation of the public building or buildings financed by No
SEC. 102.
Section 15831 of the Government Code is amended to read:15831.
(a) All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and the Treasurer, and the bonds shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of the bonds shall bear an impress of the Great Seal of the State of California. The bonds so signed, countersigned, endorsed, and sealed, when sold, are valid although the sale thereof be made at a date or dates upon which the officers having signed, countersigned, and endorsed the bonds, or any or either of the officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing the bonds. Each bond issued under this part, if subject to call or redemption The
SEC. 103.
Section 15832 of the Government Code is amended to read:15832.
(a) Upon receipt of a resolution of the board authorizing the issuance of bonds, the Treasurer shall provide for their preparation in accordance with the resolution. The bonds authorized to be issued shall be sold by the Treasurer, at public sale or at private sale, as directed by the board. In the case of public sale, Temporary
SEC. 104.
Section 15841 of the Government Code is amended to read:15841.
(a) The rights and remedies conferred by this part upon or granted to bondholders are in addition to and not in limitation of any rights and remedies lawfully granted to If
(a)
(b)
(c)
(d)
(e)
SEC. 105.
Section 16500.5 of the Government Code is amended to read:16500.5.
(a) The definitions in SectionSEC. 106.
Section 20351 of the Government Code is amended to read:20351.
The provisions of this part extending rights to a member of this system, or subjecting him or her to any limitation by reason of his or her membership in a county retirementSEC. 107.
Section 20636 of the Government Code is amended to read:20636.
(a) “Compensation earnable” by a member means the payrate and special compensation of the member, as defined by subdivisions (b), (c), and (g), and as limited by Section 21752.5.SEC. 108.
Section 20636.1 of the Government Code is amended to read:20636.1.
(a) Notwithstanding Section 20636, and Section 45102 of the Education Code, “compensation earnable” by a school member means the payrate and special compensation of the member, as defined by subdivisions (b) and (c), and as limited by Section 21752.5.SEC. 109.
Section 20825 of the Government Code is amended to read:20825.
(a) (1) Notwithstanding any other law, in accordance with a schedule provided by the Department of Finance, the Controller shall, in accordance with paragraph (2), transfer up to six billion dollars ($6,000,000,000) to the Public Employees’ Retirement Fund from the Surplus Money Investment Fund and other funds in the Pooled Money Investment Account that accrue interest to the General Fund as a cash loan to supplement the state’s employer contributions for the 2017–18 fiscal year. The schedule provided by the Department of Finance shall specify the timing and amounts of transfers to the Public Employees’ Retirement Fund.SEC. 110.
Section 22874.3 of the Government Code is amended to read:22874.3.
(a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2017, and who is represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 13, 14, 15, 17, 18, 19, 20, or 21 shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement.Credited Years of Service | Percentage of Employer Contribution |
15
........................
| 50 |
16
........................
| 55 |
17
........................
| 60 |
18
........................
| 65 |
19
........................
| 70 |
20
........................
| 75 |
21
........................
| 80 |
22
........................
| 85 |
23
........................
| 90 |
24
........................
| 95 |
25 or more
........................
| 100 |
SEC. 111.
Section 22958.1 of the Government Code is amended to read:22958.1.
(a) Notwithstanding Sections 22953, 22957, and 22958, the following employees shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 or more years of state service, as defined by this section, at the time of retirement:Credited Years of Service | Percentage of Employer Contribution |
15
........................
| 50 |
16
........................
| 55 |
17
........................
| 60 |
18
........................
| 65 |
19
........................
| 70 |
20
........................
| 75 |
21
........................
| 80 |
22
........................
| 85 |
23
........................
| 90 |
24
........................
| 95 |
25 or more
........................
| 100 |
SEC. 112.
Section 31855.3 of the Government Code is amended to read:31855.3.
As used in this article “child” means a member’s childSEC. 113.
Section 53630.5 of the Government Code is amended to read:53630.5.
(a) The definitions in SectionSEC. 114.
Section 65589.5 of the Government Code is amended to read:65589.5.
(a) (1) The Legislature finds and declares all of the following:SEC. 115.
Section 65621 of the Government Code is amended to read:65621.
(a) A local government may establish a Workforce Housing Opportunity Zone by preparing an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code to identify and mitigate, to the extent feasible, environmental impacts resulting from the establishment of that zone, and by adopting a specific plan that shall include text and a diagram or diagrams that specify all of the following in detail:SEC. 116.
Section 65623 of the Government Code is amended to read:65623.
(a) (1) Except as provided in paragraph (2), for a period of five years from the adoption of the specific plan pursuant to Section 65621, a local government shall approve a development that satisfies all of the criteria listed in paragraphs (3) to (7), inclusive, of subdivision (a) of Section 65621 in effect at the time the application for the development is deemed complete. The
SEC. 117.
Section 65624 of the Government Code is amended to read:65624.
(a) A local government may submit an application to the Department of Housing and Community Development for a grant or no-interest loan, or both, to support the local government’s efforts to develop a specific plan and accompanying environmental impact report within a Workforce Housing Opportunity Zone established pursuant to this article. Upon appropriation by the Legislature, moneys shall be disbursed from the Treasurer to the Department of Housing and Community Development for the purpose of issuing grants or loans, or both, pursuant to this subdivision.SEC. 118.
Section 65863.11 of the Government Code is amended to read:65863.11.
(a) Terms used in this section shall be defined as follows:SEC. 119.
Section 65913.4 of the Government Code is amended to read:65913.4.
(a) A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:SEC. 120.
Section 66201 of the Government Code is amended to read:66201.
(a) A city, county, or city and county, upon receipt of preliminary approval by the department pursuant to Section 66202, may establish by ordinance a housing sustainability district in accordance with this chapter. The city, county, or city and county shall adopt the ordinance in accordance with the requirements of Chapter 4 (commencing with Section 65800).SEC. 121.
Section 68514 of the Government Code is amended to read:68514.
(a) Beginning October 1, 2018, and annually thereafter, the Judicial Council shall report to the Department of Finance and to the Joint Legislative Budget Committee, the total amount of revenue collected in the prior fiscal year, by each court and county, from criminal fines and fees assessed related to infractions and misdemeanors. The report shall include, but not be limited to, the following information:SEC. 122.
Section 68803 of the Government Code is amended to read:68803.
A sufficient sum shall be annually appropriated out of any funds in the State Treasury not otherwise appropriated for the expenses certifiedSEC. 123.
Section 69141 of the Government Code is amended to read:69141.
(a) Each court of appeal may appoint and employ during its pleasure a Clerk/Executive Officer of the All
SEC. 124.
Section 76000.10 of the Government Code is amended to read:76000.10.
(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act.SEC. 125.
Section 84504.2 of the Government Code is amended to read:84504.2.
(a) A print advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5, displayed as follows:SEC. 126.
Section 84504.3 of the Government Code is amended to read:84504.3.
(a) An electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:SEC. 127.
Section 84504.5 of the Government Code is amended to read:84504.5.
An advertisement that is an independent expenditure and paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate shall include the disclosures required by Sections 84502 and 84506.5. An advertisement that supports or opposes a ballot measure and is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate shall include the disclosure required by Section 84502. A disclosure that is included in an advertisement pursuant to this section is subject to the following requirements:SEC. 128.
Section 84602.3 of the Government Code is amended to read:84602.3.
The Secretary of State shall conspicuously post on his or her Internet Web site hyperlinks to the Internet Web site of any local government agency that containsSEC. 129.
Section 100002 of the Government Code is amended to read:100002.
(a) (1) There is hereby created within state government the California Secure Choice Retirement Savings Investment Board, which shall consist of nine members, with the Treasurer serving as chair, as follows:SEC. 130.
Section 1336.3 of the Health and Safety Code is amended to read:1336.3.
(a) In the event of an emergency, such as earthquake, fire, or flood that threatens the safety or welfare of the residents in a facility, the facility shall do all of the following:SEC. 131.
Section 1367.04 of the Health and Safety Code is amended to read:1367.04.
(a) Not later than January 1, 2006, the department shall develop and adopt regulations establishing standards and requirements to provide health care service plan enrollees with appropriate access to language assistance in obtaining health care services.SEC. 132.
Section 1367.042 of the Health and Safety Code is amended to read:1367.042.
(a) A health care service plan shall notify enrollees and members of the public of all of the following information:SEC. 133.
Section 1373.96 of the Health and Safety Code is amended to read:1373.96.
(a) A health care service plan shall, at the request of an enrollee, provide for the completion of covered services as set forth in this section by a terminated provider or by a nonparticipating provider.SEC. 134.
Section 1569.699 of the Health and Safety Code is amended to read:1569.699.
(a) When approved by the person responsible for enforcement, as described in Section 13146, exit doors in facilities classified as Group R, Division 2 facilities under the California Building Standards Code, licensed as residential care facilities for the elderly, and housing clients with Alzheimer’s disease or major neurocognitive disorder, may be equipped with approved listed special egress-control devices of the time-delay type, provided the building is protected throughout by an approved automatic sprinkler system and an approved automatic smoke-detection system. The devices shall conform to all of the following requirements:SEC. 135.
Section 1788 of the Health and Safety Code is amended to read:1788.
(a) A continuing care contract shall contain all of the following: “NOTICE” | (date) |
“NOTICE OF CANCELLATION” | (date) |
Your first date of occupancy under this contract
_____
| |
is: _____________________________________________ |
to
_____
| |
(Name of
provider) | |
---|---|
at
_____
| |
(Address of provider’s place of business) | |
not later than midnight of_____________ (date). | |
I hereby cancel this transaction | |
(Resident’s or Transferor’s signature)” |
SEC. 136.
Section 7000 of the Health and Safety Code is amended to read:7000.
The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of thisSEC. 137.
Section 7103 of the Health and Safety Code is amended to read:7103.
(a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor.SEC. 138.
Section 7117 of the Health and Safety Code, as amended by Section 67 of Chapter 846 of the Statutes of 2017, is amended to read:7117.
(a) Cremated remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains shall be removed from their container before the remains are scattered at sea.SEC. 139.
Section 7117 of the Health and Safety Code, as added by Section 68 of Chapter 846 of the Statutes of 2017, is amended to read:7117.
(a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.SEC. 140.
Section 11361.5 of the Health and Safety Code is amended to read:11361.5.
(a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of Section 11357 or subdivision (b) of Section 11360, or pertaining to the arrest or conviction of any person under the age of 18 for a violation of any provision of this article except Section 11357.5, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (d) of Section 11357, or any other violation by a person under the age of 18 occurring upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs, the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any
The
Upon
SEC. 141.
Section 11362.4 of the Health and Safety Code is amended to read:11362.4.
(a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a one-hundred-dollar ($100) fine; provided, however, that persons underSEC. 142.
Section 25507 of the Health and Safety Code is amended to read:25507.
(a) Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:SEC. 143.
Section 42402 of the Health and Safety Code is amended to read:42402.
(a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any person who violates this part, any order issued pursuant to Section 42316, or any rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).SEC. 144.
Section 44361 of the Health and Safety Code is amended to read:44361.
(a) Each health risk assessment shall be submitted to the district. The district shall make the health risk assessment available for public review, upon request. After preliminary review of the emissions impact and modeling data, the district shall submit the health risk assessment to theSEC. 145.
Section 50710.1 of the Health and Safety Code is amended to read:50710.1.
(a) If all the development costs of any migrant farm labor center assisted pursuant to this chapter are provided by federal, state, or local grants, and if inadequate funds are available from any federal, state, or local service to write-down operating costs, the department may approve rents for that center that are in excess of rents charged in other centers assisted by the Office of Migrant Services. However, notwithstanding any other provision of law, commencing with the 2006 growing season, the department shall not increase rents for residents of any facility assisted by the Office of Migrant Services to a level that exceeds 30 percent of the average annualized household incomes of residents of the facility without specific legislative authorization. The
The
SEC. 146.
Section 100851 of the Health and Safety Code is amended to read:100851.
(a) An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons:SEC. 147.
Section 100852 of the Health and Safety Code is amended to read:100852.
(a) Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.SEC. 148.
Section 103055 of the Health and Safety Code, as added by Section 71 of Chapter 846 of the Statutes of 2017, is amended to read:103055.
(a) If the certificate of death is properly executed and complete, the local registrar of births and deaths shall issue a permit forSEC. 149.
Section 103780 of the Health and Safety Code is amended to read:103780.
(a)SEC. 150.
Section 111175 of the Health and Safety Code is amended to read:111175.
SEC. 151.
Section 111190 of the Health and Safety Code is amended to read:111190.
(a) A bottled water, as defined in SectionSEC. 152.
Section 116277 of the Health and Safety Code is amended to read:116277.
(a) (1) A community water system that serves a schoolsite of a local educational agency with a building constructed before January 1, 2010, on that schoolsite shall test for lead in the potable water system of the schoolsite on or before July 1, 2019.SEC. 153.
Section 116625 of the Health and Safety Code is amended to read:116625.
(a) The state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if the state board determines pursuant to the hearing that the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter. If the permittee does not request a hearing within the period specified in the notice, the state board may suspend or revoke the permit without a hearing. If the permittee submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the permit at issue has been temporarily suspended pursuant to subdivision (b), the notice shall be provided within 15 days of the effective date of the temporary suspension order. The commencement of the hearing under this subdivision shall be as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the state board grants an extension of the 60 day period upon request of the permittee.SEC. 154.
Section 1063.2 of the Insurance Code is amended to read:1063.2.
(a) The association shall pay and discharge coveredSEC. 155.
Section 10133.8 of the Insurance Code is amended to read:10133.8.
(a) The commissioner shall, on or before January 1, 2006, promulgate regulations applicable to all individual and group policies of health insurance establishing standards and requirements to provide insureds with appropriate access to translated materials and language assistance in obtaining covered benefits. A health insurer that participates in the Healthy Families Program may assess the Healthy Families Program enrollee population separately from the remainder of its population for purposes of subparagraph (A) of paragraph (3) of subdivision (b). An insurer that chooses to separate its Healthy Families Program enrollment from the remainder of its population shall treat the Healthy Families Program population separately for purposes of determining whether subparagraph (A) of paragraph (3) of subdivision (b) is applicable and shall also treat the Healthy Families Program population separately for purposes of applying the percentage and numerical thresholds in subparagraph (A) of paragraph (3) of subdivision (b).SEC. 156.
Section 10133.11 of the Insurance Code is amended to read:10133.11.
(a) An insurer shall notify insureds and members of the public of all of the following information:SEC. 157.
Section 10493 of the Insurance Code is amended to read:10493.
SEC. 158.
Section 1684 of the Labor Code is amended to read:1684.
(a) The Labor Commissioner shall not issue to any person a license to act as a farm labor contractor, nor shall the Labor Commissioner renew that license, until all of the following conditions are satisfied:SEC. 159.
Section 1697.5 of the Labor Code is amended to read:1697.5.
(a) It is a violation of this chapter for a licensee to do any of the following:SEC. 160.
Section 1720 of the Labor Code is amended to read:1720.
(a) As used in this chapter, “public works” means:(8)Tree removal work done in the execution of a project under paragraph (1).
SEC. 161.
Section 232 of the Military and Veterans Code is amended to read:232.
The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, for personal traits of character, or by dismissal pursuant to sentence of a general court-martial.SEC. 162.
Section 435 of the Military and Veterans Code is amended to read:435.
(a) The Director of General Services, with the approval of the Adjutant General, may lease for not more than 99 years or sell for fair marketSEC. 163.
Section 1451 of the Military and Veterans Code is amended to read:1451.
(a) The California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund is hereby created in the State Treasury. Moneys in the Endowment Fund shall be allocated, upon appropriation by the Legislature, to the department for the nonreimbursable costs of design and construction and the annual operations and maintenance costs of the veterans cemetery for the next 10 years.SEC. 164.
Section 831.4 of the Penal Code is amended to read:831.4.
(a) (1) A sheriff’s or police security officer is a public officer, employed by the sheriff of a county, a police chief of a city police department, or a police chief of a police division that is within a city department and that operates independently of the city police department commanded by the police chief of a city, whose primary duty is the security of locations or facilities as directed by the sheriff or police chief. The duties of a sheriff’s or police security officer shall be limited to the physical security and protection of properties owned, operated, controlled, or administered by the county or city, or any municipality or special district contracting for police services from the county or city pursuant to Section 54981 of the Government Code, or necessary duties with respect to the patrons, employees, and properties of the employing county, city, or contracting entities.SEC. 165.
Section 1202.4 of the Penal Code is amended to read:1202.4.
(a) (1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.SEC. 166.
Section 2808 of the Penal Code is amended to read:2808.
The board, in the exercise of its duties, shall have all of the powers and do all of the things that the board of directors of a private corporation would do, except as specifically limited in this article, including, but not limited to, all of the following:SEC. 167.
Section 5075 of the Penal Code is amended to read:5075.
(a) Commencing July 1, 2005, there is hereby created the Board of Parole Hearings. As of July 1, 2005, any reference to the Board of Prison Terms in this or any other code refers to the Board of Parole Hearings. As of that date, the Board of Prison Terms is abolished.SEC. 168.
Section 11105 of the Penal Code is amended to read:11105.
(a) (1) The Department of Justice shall maintain state summary criminal history information.SEC. 169.
Section 29581 of the Penal Code is amended and renumbered to read:29581.29851.
Sections 29800 and 29805SEC. 170.
Section 31630 of the Penal Code is amended to read:31630.
(a) The department shall develop an instruction manual in English and in Spanish. The department shall make theSEC. 171.
Section 2356.5 of the Probate Code is amended to read:2356.5.
(a) The Legislature hereby finds and declaresSEC. 172.
Section 3501 of the Public Contract Code is amended to read:3501.
For purposes of this section:SEC. 173.
Section 14571.9 of the Public Resources Code is amended to read:14571.9.
(a) (1) Until January 1, 2020, the department may approve up to five recycling pilot projects that meet the requirements of this section.(1)
(2)
(3)
(1)
(2)
SEC. 174.
Section 454.52 of the Public Utilities Code is amended to read:454.52.
(a) (1) Beginning in 2017, and to be updated regularly thereafter, the commission shall adopt a process for each load-serving entity, as defined in Section 380, to file an integrated resource plan, and a schedule for periodic updates to the plan, to ensure that load-serving entities do the following:SEC. 175.
Section 2836.7 of the Public Utilities Code is amended to read:2836.7.
By June 1, 2018, all of the following shall occur:SEC. 176.
Section 99313 of the Public Utilities Code is amended to read:99313.
(a) From the funds made available pursuant to subdivision (c) of Section 99312 and paragraph (2) of subdivisionSEC. 177.
Section 99314 of the Public Utilities Code is amended to read:99314.
(a) From funds made available pursuant to subdivision (b) of Section 99312 and paragraph (1) of subdivision (a) of Section 99312.1, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board. The allocation shall include an amount corresponding to the STA-eligible operators within the jurisdiction of each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board. The amount allocated to a transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board shall be based on the ratio that the total qualifying revenue of all STA-eligible operators in the area under jurisdiction of the agency, commission, or board bears to the total qualifying revenue of all STA-eligible operators in the state.SEC. 178.
Section 99314.1 of the Public Utilities Code is amended to read:99314.1.
(a) For purposes of this section, the following terms have the following meanings:SEC. 179.
Section 99314.2 of the Public Utilities Code is amended to read:99314.2.
(a) For purposes of this section, the following terms have the following meanings:SEC. 180.
Section 103326 of the Public Utilities Code is amended to read:103326.
The board shall avail itself of the assessments made by the county assessor and of the assessments made by the State Board of Equalization for the county, and shall take such assessments as the basis for district property taxation and have its property taxes collected by the county tax collector.SEC. 181.
Section 120102.5 of the Public Utilities Code is amended to read:120102.5.
(a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions.SEC. 182.
Section 132354.1 of the Public Utilities Code is amended to read:132354.1.
(a) The board shall arrange for a post audit of the financial transactions and records of the consolidated agency to be made at least annually by a certified public accountant.SEC. 183.
Section 132656 of the Public Utilities Code is amended to read:132656.
The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:SEC. 184.
Section 259.15 of the Revenue and Taxation Code is amended to read:259.15.
(a) For the 2018–19 fiscal year to the 2027–28 fiscal year, the claim for welfare exemption on a property that is eligible for and has received low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, including Section 42(g)(2)(D) of the Internal Revenue Code, relating to treatment of units occupied by individuals whose incomes rise above limit, in addition to giving any other information as prescribed by the board, when claiming an exemption for units pursuant to clause (iii) of subparagraph (A) of paragraph (2) of subdivision (g) of SectionSEC. 185.
Section 721.5 of the Revenue and Taxation Code is amended to read:721.5.
(a) Notwithstanding Section 721 or any other provision of law to the contrary, commencing with the lien date for the 2003–04 fiscal year, the board shall annually assess every electric generation facility with a generating capacity of 50 megawatts or more that is owned or operated by an electrical corporation, as defined in subdivisions (a) and (b) of Section 218 of the Public Utilities Code.SEC. 186.
Section 7102 of the Revenue and Taxation Code is amended to read:7102.
The money in the fund shall, upon order of the Controller, be drawn therefrom for refunds under this part, credits or refunds pursuant to Section 60202, and refunds pursuant to Section 1793.25 of the Civil Code, or be transferred in the following manner:SEC. 187.
Section 7285.91 of the Revenue and Taxation Code is amended to read:7285.91.
As an alternative to the procedure set forth in Section 7285.9, the governing body of any city may levy, increase, or extend a transactions and use tax for specific purposes. The tax may be levied, increased, or extended at a rate of 0.125 percent, or a multiple thereof, for the purpose for which it is established, if all of the following requirements are met:SEC. 188.
Section 7653.2 of the Revenue and Taxation Code is amended to read:7653.2.
On or before January 1, 2018, each person subject to the storage tax imposed under Section 7361.2 shall prepare and file with the board, in a form prescribed by the board, a return showing the total number of gallons of tax-paid motor vehicle fuel owned by the person on November 1, 2017, the amount of the storage tax, and any other information that the board deems necessary for the proper administration of this part. The return shall be accompanied by a remittance payable to theSEC. 189.
Section 11053 of the Revenue and Taxation Code is amended to read:11053.
Revenues from the transportation improvement fee, after deduction of the department’s administrative costs related to this chapter, shall be transferred by the department to the Controller for deposit as follows:SEC. 190.
Section 17039 of the Revenue and Taxation Code is amended to read:17039.
(a) Notwithstanding any provision in this part to the contrary, for the purposes of computing tax credits, the term “net tax” means the tax imposed under either Section 17041 or 17048 plus the tax imposed under Section 17504 (relating to lump-sum distributions) less the credits allowed by Section 17054 (relating to personal exemption credits) and any amount imposed under paragraph (1) of subdivision (d) and paragraph (1) of subdivision (e) of Section 17560. Notwithstanding the preceding sentence, the “net tax” shall not be less than the tax imposed under Section 17504 (relating to the separate tax on lump-sum distributions), if any. Credits shall be allowed against “net tax” in the following order:®)
SEC. 191.
Section 17062 of the Revenue and Taxation Code is amended to read:17062.
(a) In addition to the other taxes imposed by this part, there is hereby imposed for each taxable year, a tax equal to the excess, if any,(e)Section 57(a) of the Internal Revenue Code is modified to include as an item of tax preference an amount equal to one-half of the amount excluded from gross income for the taxable year under Section 18152.5.
(f)
(g)
SEC. 192.
Section 17063 of the Revenue and Taxation Code is amended to read:17063.
(a) There shall be allowed as a credit against the net tax (as defined by Section 17039) for any taxable year an amount equal to the minimum tax credit for that taxable year.(d)Section 53(d)(1)(B)(ii)(II) of the Internal Revenue Code is modified to include subdivision (e) of Section 17062, as a specified item.
(e)
SEC. 193.
Section 17132.11 of the Revenue and Taxation Code is amended to read:17132.11.
(a) For taxable years beginning on or after January 1, 2014, gross income shall not include any loan amount repaid by the United States Secretary of Education or canceled pursuant to Section 1098e of Title 20 of the United StatesSEC. 194.
Section 17276 of the Revenue and Taxation Code is amended to read:17276.
Except as provided in Sections 17276.1, 17276.2, 17276.4, 17276.5, 17276.6, and 17276.7, the deduction provided by Section 172 of the Internal Revenue Code, relating to net operating loss deduction, shall be modified as follows:(g)In computing the modifications under Section 172(d)(2) of the Internal Revenue Code, relating to capital gains and losses of taxpayers other than corporations, the exclusion provided by Section 18152.5 shall not be allowed.
(h)
(i)
(j)
(k)
SEC. 195.
Section 17736 of the Revenue and Taxation Code is amended to read:17736.
(a) Section 642(c)(2) of the Internal Revenue Code is modified for purposes of this part by substituting “December 31, 1970” for “October 9, 1969” throughout that paragraph.SEC. 196.
Section 17750 of the Revenue and Taxation Code is repealed.Section 643(a) of the Internal Revenue Code, relating to distributable net income, is modified to provide that the exclusion under Section 18152.5 shall not be taken into account.
SEC. 197.
Section 18152 of the Revenue and Taxation Code is amended to read:18152.
(b)Any reference in the Internal Revenue Code to the “exclusion allowed under Section 1202” shall, for purposes of this part, be modified to refer to the exclusion allowed under Section 18152.5.
SEC. 198.
Section 19133.5 of the Revenue and Taxation Code is repealed.(a)In the case of a failure to make a report required under Section 18152.5 that contains the information required by that section on the date prescribed therefor (determined with regard to any extension of time for filing), there shall be paid (on notice and demand by the Franchise Tax Board and in the same manner as tax) by the person failing to make the report, an amount equal to fifty dollars ($50) for each report with respect to which there was such a failure. In the case of any failure due to negligence or intentional disregard,
the preceding sentence shall be applied by substituting one hundred dollars ($100) for fifty dollars ($50). In the case of a report covering periods in two or more years, the penalty determined under preceding provisions of this section shall be multiplied by the number of those years.
(b)This section shall become operative on January 1, 1994.
(c)No penalty shall be imposed under this section for any failure that is shown to be due to reasonable cause and not willful neglect.
(d)The amendments made by the act adding this subdivision shall become operative on January 1, 1998.
SEC. 199.
Section 23802 of the Revenue and Taxation Code is amended to read:23802.
(a) Section 1363(a) of the Internal Revenue Code, relating to the taxability of an “S” corporation does not apply.(4)The exclusion provided under Section 18152.5 may not be allowed to an “S” corporation.
(5)
SEC. 200.
Section 34010 of the Revenue and Taxation Code is amended to read:34010.
For purposes of this part:SEC. 201.
Section 34011 of the Revenue and Taxation Code is amended to read:34011.
(a) (1) Effective January 1, 2018, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at the rate of 15 percent of the average market price of any retail sale by a cannabis retailer. A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this subdivision is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.SEC. 202.
Section 34018 of the Revenue and Taxation Code is amended to read:34018.
(a) The California Cannabis Tax Fund is hereby created in the State Treasury. The Tax Fund shall consist of all taxes, interest, penalties, and other amounts collected and paid to the board pursuant to this part, less payment of refunds.SEC. 203.
Section 60050 of the Revenue and Taxation Code is amended to read:60050.
(a) (1) A tax of sixteen cents ($0.16) is hereby imposed upon each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and 60058.SEC. 204.
Section 155.7 of the Streets and Highways Code is amended to read:155.7.
(a) On or before April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, shall establish a Transportation PermittingSEC. 205.
Section 2032 of the Streets and Highways Code is amended to read:2032.
(a) (1) After deducting the amounts appropriated in the annual Budget Act, as provided in Section 2031.5, two hundred million dollars ($200,000,000) of the remaining revenues deposited in the Road Maintenance and Rehabilitation Account shall be set aside annually for local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees as defined by subdivision (b) of Section 8879.67 of the Government Code, which taxes or fees are dedicated solely to transportation improvements. The Controller shall each month set aside one-twelfth of this amount, except in fiscal year 2017–18, the Controller shall set aside one-eighth of this amount, to accumulate a total of two hundred million dollars ($200,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision.SEC. 206.
Section 30911 of the Streets and Highways Code is amended to read:30911.
(a) The authority shall control and maintain the Bay Area Toll Account and other subaccounts it deems necessary and appropriate to document toll revenue and operating expenditures in accordance with generally accepted accounting principles.SEC. 207.
Section 30914.7 of the Streets and Highways Code is amended to read:30914.7.
(a) If the voters approve a toll increase pursuant to Section 30923, the authority shall, consistent with the provisions of this section fund the projects and programs described in this subdivision that shall collectively be known as the Regional Measure 3 expenditure plan by bonding or transfers to the Metropolitan Transportation Commission. These projects and programs have been determined to reduce congestion or to make improvements to travel in the toll bridge corridors, from toll revenues of all bridges:SEC. 208.
Section 545 of the Vehicle Code is amended to read:545.
(a) A “schoolbus” is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below theSEC. 209.
Section 1808.1 of the Vehicle Code is amended to read:1808.1.
(a) The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the driver’s current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 daysSEC. 210.
Section 22508.5 of the Vehicle Code is amended to read:22508.5.
(a) A vehicle may park, for up to the posted time limit, in any parking space that is regulated by an inoperable parking meter or an inoperable parking payment center.SEC. 211.
Section 25258 of the Vehicle Code is amended to read:25258.
(a) An authorized emergency vehicle operating under the conditions specified in Section 21055 may display a flashing white light from a gaseous discharge lamp designed and used for the purpose of controlling official traffic control signals.SEC. 212.
Section 34687 of the Vehicle Code is amended to read:34687.
(a) Registration shall not be granted toSEC. 213.
Section 34692 of the Vehicle Code is amended to read:34692.
(a) Except as provided in subdivision (b),SEC. 214.
Section 189.3 of the Water Code is amended to read:189.3.
(a) The board, in consultation with the regional water quality control boards, and the Division of the State Architect within the Department of General Services shall recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds.SEC. 215.
Section 1825 of the Water Code is amended to read:1825.
It is the intent of the Legislature that the stateSEC. 216.
Section 7049 of the Water Code is amended to read:7049.
(a) Upon an appropriation of funds from the Legislature, the department shall establish a program to implement watershed-based riverine and riparian stewardship improvements by providing technical and financial assistance in support of projects that reduce flood risk, restore and enhance fish populations and habitat, improve water quality, achieve climate change benefits, and in general ensure resilient ecological function within areas that include, but are not limited to, urban or urbanizing areas of the state.SEC. 217.
Section 13276 of the Water Code is amended to read:13276.
(a) The multiagency task force, the Department of Fish and Wildlife and state board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by cannabis cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on water quality and on fish and wildlife throughout the state.SEC. 218.
Section 31142.50 of the Water Code is amended to read:31142.50.
(a) In addition to the other powers provided by law, the Sierra Lakes County Water District shall have, but is not limited to, the authority to prevent nuisance, pollution, waste, and contamination of its drinking water source.SEC. 219.
Section 71611.5 of the Water Code is amended to read:71611.5.
(a) (1) Except as provided in paragraph (2), upon the request of an Indian tribe and the satisfaction of the conditions stated in subdivision (b), a district shall provide service of water at substantially the same terms applicable to the customers of the district to an Indian tribe’s lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service if the Indian tribe’s lands meet all of the following requirements:SEC. 220.
Section 727 of the Welfare and Institutions Code is amended to read:727.
(a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that he or she is a person described by Section 601 or 602, the court may makeSEC. 221.
Section 4418.25 of the Welfare and Institutions Code is amended to read:4418.25.
(a) (1) The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community placement plan shall be based upon an individual program plan process as referred to in subdivision (a) of Section 4418.3 and shall be linked to the development of the annual State Budget. The department’s policies shall address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing consumers for community living and in the development of community resources.(A)
(B)
(C)
(D)
(E)
SEC. 222.
Section 4648 of the Welfare and Institutions Code is amended to read:4648.
In order to achieve the stated objectives of a consumer’s individual program plan, the regional center shall conduct activities, including, but not limited to, all of the following:SEC. 223.
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 andSEC. 224.
Section 4698 of the Welfare and Institutions Code is amended to read:4698.
(a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code, as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. A community crisis home shall have a maximum capacity of eight consumers. No more than one-third of community crisis homes may exceed a capacity of six consumers.SEC. 225.
Section 5270.15 of the Welfare and Institutions Code is amended to read:5270.15.
(a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more than 30 days of intensive treatment under both of the following conditions:SEC. 226.
Section 5328 of the Welfare and Institutions Code is amended to read:5328.
(a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of servicesDate |