BILL NUMBER: SB 1304 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Senators Jackson (Chair),
Anderson, Corbett, Evans, Leno, Monning, and Vidak)
FEBRUARY 21, 2014
An act to amend Sections 494.6, 2135.7, 2507, 2530.2, 2660,
3010.5, 3110, 4342, 8776, 18646, 19605.73, 22251.2, and 23826.12 of
the Business and Professions Code, to amend Sections 56.30, 1102.6,
and 1788.58 of the Civil Code, to amend Sections 425.16, 580b, 580d,
1282.4, and 1530 of the Code of Civil Procedure, to amend Sections
402.5, 14001, and 14305 of the Corporations Code, to amend Sections
221.5, 2576, 8151, 8152, 8155, 8482.3, 20092, 32282.1, 35182.5,
41329.575, 42238.03, 42283, 44212, 44956, 49085, 49557.2, 60643,
60811.4, 66746, 66762.5, 78230, 92493, and 99301 of the Education
Code, to amend Sections 2187, 3007.8, 5001, 19284, and 19290 of the
Elections Code, to amend Sections 914, 6383, and 8730 of the Family
Code, to amend Section 12002 of, and to repeal Section 8664.2 of, the
Fish and Game Code, to amend Sections 24001, 24011, 24012, 43003,
47060, 47061, and 81006 of the Food and Agricultural Code, to amend
Sections 905.2, 1043, 1097.1, 9402, 11507, 6588.7, 12011.5, 12012.61,
13403, 13978.8, 14528.56, 15920, 41805, 53313, 57118, and 70377 of
the Government Code, to amend Sections 1275.3, 1357.51, 1367.006,
1375.9, 1562.3, 1796.24, 11379, 11751, 25249.7, 25269.1, 121022,
121026, 123367, and 130301 of the Health and Safety Code, to amend
Sections 395, 791.29, 935.8, 1216.1, 10133.4, 10232.8, 10234.93,
10753.05, 10961, and 10965.11 of the Insurance Code, to amend
Sections 139.2, 139.5, 230.4, 1773.1, 2055, 4600, and 5502 of the
Labor Code, to amend Sections 935 and 952 of the Military and
Veterans Code, to amend Sections 136.2, 145.5, 273.5, 289.6, 311.11,
311.12, 326.3, 487a, 519, 646.91, 647, 830.3, 1208, 1275, 2053.1,
6027, 7442, 11165.15, 13701, and 16970 of the Penal Code, to amend
Sections 215, 2574, 6325, 9702, and 9730 of, and to amend the heading
of Chapter 4 (commencing with Section 3600) of Part 8 of Division 4
of, the Probate Code, to amend Section 20133 of the Public Contract
Code, to amend Sections 6217.6, 25722.8, and 30620 of, and to amend
and renumber Section 6717.6.1 of, the Public Resources Code, to amend
Sections 379.8, 589, 740.5, 741, 747.6, 769, 984.5, 987, 2120,
2827.10, 4661, 100602.4, and 170056 of the Public Utilities Code, to
amend Sections 62, 2615.6, 17053.57, 18796, 19136, 19164, and 19555
of, and to amend and renumber Section 20125 of, the Revenue and
Taxation Code, to amend Sections 1653.5, 2810.2, 12801, 12801.9,
14601.2, 15210, 15215, 21251, 21260, and 27375 of, and to amend and
renumber the heading of Article 5 (commencing with Section 21250) of
Chapter 1 of Division 11 of, the Vehicle Code, to amend Sections
304.7, 355, 366.31, 726, 4363, 4512, 4571, 4685.8, 5848.5, 6604.9,
8103, 11400, 11450.025, 14005.30, 14005.65, 14007.1, 14132.277,
14182.18, 14186.1, 14186.36, 14701, 17603, 17604, 17606.10, 17612.3,
17612.5, 17613.2, 17613.3, 17613.4, 18259.7, and 18901 of the Welfare
and Institutions Code, to amend Section 2 of Chapter 489 of the
Statutes of 2001, to amend Section 34 of Chapter 37 of the Statutes
of 2013, to amend Sections 1 and 5 of Chapter 391 of the Statutes of
2013, and to amend Section 2 of Chapter 653 of the Statutes of 2013,
relating to the maintenance of the codes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1304, as introduced, Committee on Judiciary. Maintenance of the
codes.
Existing law directs the Legislative Counsel to advise the
Legislature from time to time as to legislation necessary to maintain
the codes.
This bill would make nonsubstantive changes in various provisions
of law to effectuate the recommendations made by the Legislative
Counsel to the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 494.6 of the Business and Professions Code is
amended to read:
494.6. (a) A business license regulated by this code may be
subject to suspension or revocation if the licensee has been
determined by the Labor Commissioner or the court to have violated
subdivision (b) of Section 244 of the Labor Code and the court or
Labor Commissioner has taken into consideration any harm such a
suspension or revocation would cause to employees of the
licensee, as well as the good faith efforts of the licensee to
resolve any alleged violations after receiving notice.
(b) Notwithstanding subdivision (a), a licensee of an agency
within the Department of Consumer Affairs who has been found by the
Labor Commissioner or the court to have violated subdivision (b) of
Section 244 of the Labor Code may be subject to disciplinary action
by his or her respective licensing agency.
(c) An employer shall not be subject to suspension or revocation
under this section for requiring a prospective or current employee to
submit, within three business days of the first day of work for pay,
an I-9 Employment Eligibility Verification form.
SEC. 2. Section 2135.7 of the Business and Professions Code is
amended to read:
2135.7. (a) Upon review and recommendation, the board may
determine that an applicant for a physician and surgeon's certificate
who acquired his or her medical education or a portion thereof at a
foreign medical school that is not recognized or has been previously
disapproved by the board is eligible for a physician and surgeon's
certificate if the applicant meets all of the following criteria:
(1) Has successfully completed a resident course of medical
education leading to a degree of medical doctor equivalent to that
specified in Sections 2089 to 2091.2, inclusive.
(2) (A) (i) For an applicant who acquired any part of his or her
medical education from an unrecognized foreign medical school, he or
she holds an unlimited and unrestricted license as a physician and
surgeon in another state, a federal territory, or a Canadian province
and has held that license and continuously practiced for a minimum
of 10 years prior to the date of application.
(ii) For an applicant who acquired any part of his or her
professional instruction from a foreign medical school that was
disapproved by the board at the time he or she attended the school,
he or she holds an unlimited and unrestricted license as a physician
and surgeon in another state, a federal territory, or a Canadian
province and has held that license and continuously practiced for a
minimum of 12 years prior to the date of application.
(B) For the purposes of clauses (i) and (ii) of subparagraph (A),
the board may combine the period of time that the applicant has held
an unlimited and unrestricted license in other states, federal
territories, or Canadian provinces and continuously practiced
therein, but each applicant under this section shall have a minimum
of two years continuous licensure and practice in a single state,
federal territory, or Canadian province. For purposes of this
paragraph, continuous licensure and practice includes any
postgraduate training after 24 months in a postgraduate training
program that is accredited by the Accreditation Council for Graduate
Medical Education (ACGME) or postgraduate training completed in
Canada that is accredited by the Royal College of Physicians and
Surgeons of Canada (RCPSC).
(3) Is certified by a specialty board that is a member board of
the American Board of Medical Specialties.
(4) Has successfully taken and passed the examinations described
in Article 9 (commencing with Section 2170).
(5) Has not been the subject of a disciplinary action by a medical
licensing authority or of adverse judgments or settlements resulting
from the practice of medicine that the board determines constitutes
a pattern of negligence or incompetence.
(6) Has successfully completed three years of approved
postgraduate training. The postgraduate training required by this
paragraph shall have been obtained in a postgraduate training program
accredited by the ACGME or postgraduate training completed in Canada
that is accredited by the RCPSC.
(7) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475) or Article 12 (commencing with Section
2220).
(8) Has not held a healing arts license and been the subject of
disciplinary action by a healing arts board of this state or by
another state, federal territory, or Canadian province.
(b) The board may adopt regulations to establish procedures for
accepting transcripts, diplomas, and other supporting information and
records when the originals are not available due to circumstances
outside the applicant's control. The board may also adopt regulations
authorizing the substitution of additional specialty board
certifications for years of practice or licensure when considering
the certification for a physician and surgeon pursuant to this
section.
(c) This section shall not apply to a person seeking to
participate in a program described in Sections
Section 2072, 2073, 2111, 2112, 2113, 2115, or 2168, or
seeking to engage in postgraduate training in this state.
SEC. 3. Section 2507 of the Business and Professions Code is
amended to read:
2507. (a) The license to practice midwifery authorizes the holder
to attend cases of normal pregnancy and childbirth, as defined in
paragraph (1) of subdivision (b), and to provide prenatal,
intrapartum, and postpartum care, including family-planning care, for
the mother, and immediate care for the newborn.
(b) As used in this article, the practice of midwifery constitutes
the furthering or undertaking by any licensed midwife to assist a
woman in childbirth as long as progress meets criteria accepted as
normal.
(1) Except as provided in paragraph (2), a licensed midwife shall
only assist a woman in normal pregnancy and childbirth, which is
defined as meeting all of the following conditions:
(A) There is an absence of both of the following:
(i) Any preexisting maternal disease or condition likely to affect
the pregnancy.
(ii) Significant disease arising from the pregnancy.
(B) There is a singleton fetus.
(C) There is a cephalic presentation.
(D) The gestational age of the fetus is greater than 370/7 weeks
and less than 420/7 completed weeks of pregnancy.
(E) Labor is spontaneous or induced in an outpatient setting.
(2) If a potential midwife client meets the conditions specified
in subparagraphs (B) to (E), inclusive, of paragraph (1), but fails
to meet the conditions specified in subparagraph (A) of paragraph
(1), and the woman still desires to be a client of the licensed
midwife, the licensed midwife shall provide the woman with a referral
for an examination by a physician and surgeon trained in obstetrics
and gynecology. A licensed midwife may assist the woman in pregnancy
and childbirth only if an examination by a physician and surgeon
trained in obstetrics and gynecology is obtained and the physician
and surgeon who examined the woman determines that the risk factors
presented by her disease or condition are not likely to significantly
affect the course of pregnancy and childbirth.
(3) The board shall adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part of 1 of Division 3 of Title 2 of the Government Code)
specifying the conditions described in subparagraph (A) of paragraph
(1).
(c) (1) If at any point during a pregnancy,
childbirth, or postpartum care a client's condition deviates from
normal, the licensed midwife shall immediately refer or transfer the
client to a physician and surgeon. The licensed midwife may consult
and remain in consultation with the physician and surgeon after the
referral or transfer.
(2) If a physician and surgeon determines that the client's
condition or concern has been resolved such that the risk factors
presented by a woman's disease or condition are not likely to
significantly affect the course of pregnancy or childbirth, the
licensed midwife may resume primary care of the client and resume
assisting the client during her pregnancy, childbirth, or postpartum
care.
(3) If a physician and surgeon determines the client's condition
or concern has not been resolved as specified in paragraph (2), the
licensed midwife may provide concurrent care with a physician and
surgeon and, if authorized by the client, be present during the labor
and childbirth, and resume postpartum care, if appropriate. A
licensed midwife shall not resume primary care of the client.
(d) A licensed midwife shall not provide or continue to provide
midwifery care to a woman with a risk factor that will significantly
affect the course of pregnancy and childbirth, regardless of whether
the woman has consented to this care or refused care by a physician
or surgeon, except as provided in paragraph (3) of subdivision (c).
(e) The practice of midwifery does not include the assisting of
childbirth by any artificial, forcible, or mechanical means, nor the
performance of any version of these means.
(f) A midwife is authorized to directly obtain supplies and
devices, obtain and administer drugs and diagnostic tests, order
testing, and receive reports that are necessary to his or her
practice of midwifery and consistent with his or her scope of
practice.
(g) This article does not authorize a midwife to practice medicine
or to perform surgery.
SEC. 4. Section 2530.2 of the Business and Professions Code is
amended to read:
2530.2. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Speech-Language Pathology and Audiology and
Hearing Aid Dispensers Board.
(b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
(c) A "speech-language pathologist" is a person who practices
speech-language pathology.
(d) The practice of speech-language pathology means all of the
following:
(1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement, testing,
screening, evaluation, identification, prediction, and counseling
related to the development and disorders of speech, voice, language,
or swallowing.
(2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals or
groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice
described in paragraphs (1) and (2), after compliance with a medical
facility's training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are
the use of rigid and flexible endoscopes to observe the pharyngeal
and laryngeal areas of the throat in order to observe, collect data,
and measure the parameters of communication and swallowing as well as
to guide communication and swallowing assessment and therapy.
(2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.
(f) A licensed speech-language pathologist shall not perform a
flexible fiber optic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiber optic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon
request by the board. A speech-language pathologist shall pass a
flexible fiber optic nasendoscopic instrument only under the direct
authorization of an otolaryngologist certified by the American Board
of Otolaryngology and the supervision of a physician and surgeon.
(g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or other
appropriate medical professionals being readily available.
(h) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board, who works directly
under the supervision of a speech-language pathologist.
(i) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board and who is approved by the board to assist in the provision
of speech-language pathology under the direction and supervision of
a speech-language pathologist who shall be responsible for the
extent, kind, and quality of the services provided by the
speech-language pathology assistant.
(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing, or
other credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements. For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing. Nothing
in this section referring to credentialed supervising
speech-language pathologists expands existing exemptions from
licensing pursuant to Section 2530.5.
(j) An "audiologist" is one who practices audiology.
(k) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, and
instruction related to auditory, vestibular, and related functions
and the modification of communicative disorders involving speech,
language, auditory behavior , or other aberrant behavior
resulting from auditory dysfunction; and the planning, directing,
conducting, supervising, or participating in programs of
identification of auditory disorders, hearing conservation, cerumen
removal, aural habilitation, and rehabilitation, including ,
hearing aid recommendation and evaluation procedures
, including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading, and the selling of hearing aids.
(l) A "dispensing audiologist" is a person who is authorized to
sell hearing aids pursuant to his or her audiology license.
(m) "Audiology aide" means any person meeting the minimum
requirements established by the board. An audiology aid may not
perform any function that constitutes the practice of audiology
unless he or she is under the supervision of an audiologist. The
board may by regulation exempt certain functions performed by an
industrial audiology aide from supervision provided that his or her
employer has established a set of procedures or protocols that the
aide shall follow in performing these functions.
(n) "Medical board" means the Medical Board of California.
(o) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
(p) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:
(1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
(2) Approval by the supervising physician of the written
standardized protocol.
(3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
(4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.
SEC. 5. Section 2660 of the Business and Professions Code is
amended to read:
2660. Unprofessional conduct constitutes grounds for citation,
discipline, denial of a license, or issuance of a probationary
license. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act (Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 of the Government
Code), issue a citation, impose discipline, deny a license, suspend
for not more than 12 months, or revoke, or impose probationary
conditions upon any license issued under this chapter for
unprofessional conduct that includes, in addition to other provisions
of this chapter, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter, any regulations duly adopted under
this chapter, or the Medical Practice Act (Chapter 5 (commencing with
Section 2000)).
(b) Advertising in violation of Section 17500.
(c) Obtaining or attempting to obtain a license by fraud or
misrepresentation.
(d) Practicing or offering to practice beyond the scope of
practice of physical therapy.
(e) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(f) Unlawful possession or use of, or conviction of a criminal
offense involving, a controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9, as follows:
(1) Obtaining or possessing in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist,
administering to himself or herself, or furnishing or administering
to another, any controlled substances
substance or any dangerous drug.
(2) Using any controlled substance or any dangerous drug.
(3) Conviction of a criminal offense involving the consumption or
self-administration of, or the possession of, or falsification of a
record pertaining to, any controlled substance or any dangerous drug,
in which event the record of the conviction is conclusive evidence
thereof.
(g) Failure to maintain adequate and accurate records relating to
the provision of services to his or her patients.
(h) Gross negligence or repeated acts of negligence in practice or
in the delivery of physical therapy care.
(i) Aiding or abetting any person to engage in the unlawful
practice of physical therapy.
(j) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapist assistant.
(k) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of bloodborne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other bloodborne pathogens in health care settings. As necessary,
the board shall consult with the Medical Board of California, the
California Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, to encourage appropriate consistency in the
implementation of this subdivision.
(l) The commission of verbal abuse or sexual harassment.
(m) Engaging in sexual misconduct or violating Section 726.
(n) Permitting a physical therapist assistant or physical therapy
aide under one's supervision or control to perform, or permitting the
physical therapist assistant or physical therapy aide to hold
himself or herself out as competent to perform, professional services
beyond the level of education, training, and experience of the
physical therapist assistant or aide.
(o) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to practice physical therapy issued by that state, or the revocation,
suspension, or restriction of the authority to practice physical
therapy by any agency of the federal government.
(p) Viewing a completely or partially disrobed patient in the
course of treatment if the viewing is not necessary to patient
evaluation or treatment under current standards.
(q) Engaging in any act in violation of Section 650, 651, or
654.2.
(r) Charging a fee for services not performed.
(s) Misrepresenting documentation of patient care or deliberate
falsifying of patient records.
(t) Except as otherwise allowed by law, the employment of runners,
cappers, steerers, or other persons to procure patients.
(u) The willful, unauthorized violation of professional
confidence.
(v) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a patient in confidence during the course of treatment
and all information about the patient that is obtained from tests or
other means.
(w) Habitual intemperance.
(x) Failure to comply with the provisions of Section 2620.1.
SEC. 6. Section 3010.5 of the Business and Professions Code is
amended to read:
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
former Section 3010. The board may enforce any disciplinary
actions undertaken by that board.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 7. Section 3110 of the Business and Professions Code is
amended to read:
3110. The board may take action against any licensee who is
charged with unprofessional conduct, and may deny an application for
a license if the applicant has committed unprofessional conduct. In
addition to other provisions of this article, unprofessional conduct
includes, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter or any of the rules and regulations
adopted by the board pursuant to this chapter.
(b) Gross negligence.
(c) Repeated negligent acts. To be repeated, there must be two or
more negligent acts or omissions.
(d) Incompetence.
(e) The commission of fraud, misrepresentation, or any act
involving dishonesty or corruption, that is substantially related to
the qualifications, functions, or duties of an optometrist.
(f) Any action or conduct that would have warranted the denial of
a license.
(g) The use of advertising relating to optometry that violates
Section 651 or 17500.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a health care professional
license by another state or territory of the United States, by any
other governmental agency, or by another California health care
professional licensing board. A certified copy of the decision or
judgment shall be conclusive evidence of that action.
(i) Procuring his or her license by fraud, misrepresentation, or
mistake.
(j) Making or giving any false statement or information in
connection with the application for issuance of a license.
(k) Conviction of a felony or of any offense substantially related
to the qualifications, functions, and duties of an optometrist, in
which event the record of the conviction shall be conclusive evidence
thereof.
(l) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or
using alcoholic beverages to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a license or
holding a license under this chapter, or to any other person, or to
the public, or, to the extent that the use impairs the ability of the
person applying for or holding a license to conduct with safety to
the public the practice authorized by the license, or the conviction
of a misdemeanor or felony involving the use, consumption, or self
administration of any of the substances referred to in this
subdivision, or any combination thereof.
(m) (1) Committing or soliciting an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of an
optometrist.
(2) Committing any act of sexual abuse, misconduct, or relations
with a patient. The commission of and conviction for any act of
sexual abuse, sexual misconduct, or attempted sexual misconduct,
whether or not with a patient, shall be considered a crime
substantially related to the qualifications, functions, or duties of
a licensee. This paragraph shall not apply to sexual contact between
any person licensed under this chapter and his or her spouse or
person in an equivalent domestic relationship when that licensee
provides optometry treatment to his or her spouse or person in an
equivalent domestic relationship.
(3) Conviction of a crime that currently
requires the person to register as a sex offender pursuant to
Section 290 Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1 of the Penal Code. A
conviction within the meaning of this paragraph means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. A conviction described in this paragraph shall be
considered a crime substantially related to the qualifications,
functions, or duties of a licensee.
(n) Repeated acts of excessive prescribing, furnishing ,
or administering of controlled substances or dangerous drugs
specified in Section 4022, or repeated acts of excessive treatment.
(o) Repeated acts of excessive use of diagnostic or therapeutic
procedures, or repeated acts of excessive use of diagnostic or
treatment facilities.
(p) The prescribing, furnishing, or administering of controlled
substances or drugs specified in Section 4022, or treatment without a
good faith prior examination of the patient and optometric reason.
(q) The failure to maintain adequate and accurate records relating
to the provision of services to his or her patients.
(r) Performing, or holding oneself out as being able to perform,
or offering to perform, any professional services beyond the scope of
the license authorized by this chapter.
(s) The practice of optometry without a valid, unrevoked,
unexpired license.
(t) The employing, directly or indirectly, of any suspended or
unlicensed optometrist to perform any work for which an optometry
license is required.
(u) Permitting another person to use the licensee's optometry
license for any purpose.
(v) Altering with fraudulent intent a license issued by the board,
or using a fraudulently altered license, permit certification or any
registration issued by the board.
(w) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood borne infectious diseases from
optometrist to patient, from patient to patient, or from patient to
optometrist. In administering this subdivision, the board shall
consider the standards, regulations, and guidelines of the State
Department of Health Services Public Health
developed pursuant to Section 1250.11 of the Health and Safety
Code and the standards, guidelines, and regulations pursuant to the
California Occupational Safety and Health Act of 1973 (Part 1
(commencing with Section 6300) of Division 5 of the Labor Code) for
preventing the transmission of HIV, hepatitis B, and other blood
borne pathogens in health care settings. As necessary, the board may
consult with the Medical Board of California, the Board of Podiatric
Medicine, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
(x) Failure or refusal to comply with a request for the clinical
records of a patient, that is accompanied by that patient's written
authorization for release of records to the board, within 15 days of
receiving the request and authorization, unless the licensee is
unable to provide the documents within this time period for good
cause.
(y) Failure to refer a patient to an appropriate physician in
either of the following circumstances:
(1) Where an examination of the eyes indicates a substantial
likelihood of any pathology that requires the attention of that
physician.
(2) As required by subdivision (c) of Section 3041.
SEC. 8. Section 4342 of the Business and Professions Code is
amended to read:
4342. (a) The board may institute any action or actions as may be
provided by law and that, in its discretion, are necessary, to
prevent the sale of pharmaceutical preparations and drugs that do not
conform to the standard and tests as to quality and strength,
provided in the latest edition of the United States Pharmacopoeia or
the National Formulary, or that violate any provision of the Sherman
Food, Drug , and Cosmetic Law (Part 5 (commencing with
Section 109875) of Division 104 of the Health and Safety Code).
(b) Any knowing or willful violation of any regulation adopted
pursuant to Section 4006 shall be subject to punishment in the same
manner as is provided in Sections 4336 and 4321
and 4336 .
SEC. 9. Section 8776 of the Business and Professions Code is
amended to read:
8776. (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
(1) The conviction of the licensee of any felony.
(2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed land surveyor.
(3) A civil action settlement or administrative action resulting
in a settlement against the licensee in any action alleging fraud,
deceit, misrepresentation, breach or violation of contract,
negligence, incompetence, or recklessness by the licensee in the
practice of land surveying if the amount or value of the settlement
is greater than fifty thousand dollars ($50,000).
(4) A civil action judgment or binding arbitration award ,
or administrative action resulting in a judgment or binding
arbitration award , against the licensee in any action
alleging fraud, deceit, misrepresentation, breach or violation of
contract, negligence, incompetence, or recklessness by the licensee
in the practice of land surveying if the amount or value of the
judgment or binding arbitration award is twenty-five thousand dollars
($25,000) or greater.
(b) The report required by subdivision (a) shall be signed by the
licensee and set forth the facts that constitute the reportable
event. If the reportable event involves the action of an
administrative agency or court, the report shall set forth the title
of the matter, court or agency name, docket number, and the dates the
reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries
from the board concerning the reportable events, including inquiries
made by the board in conjunction with license renewal.
(d) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
(e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
(f) For purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.
SEC. 10. Section 18646 of the Business and Professions Code is
amended to read:
18646. (a) This chapter applies to all amateur boxing, wrestling,
and full contact martial arts contests.
(b) The commission may, however, authorize one or more nonprofit
boxing, wrestling, or martial arts clubs, organizations, or
sanctioning bodies, upon approval of its bylaws, to administer its
rules for amateur boxing, wrestling, and full contact martial arts
contests, and may, therefore, waive direct commission application of
laws and rules, including licensure, subject to the commission's
affirmative finding that the standards and enforcement of similar
rules by a club or , organization
, or sanctioning body meet or exceed the safety and fairness
standards of the commission. The commission shall review the
performance of any such club, organization, or sanctioning body
annually.
(c) Every contest subject to this section shall be preceded by a
physical examination, specified by the commission, of every
contestant. A physician and surgeon shall be in attendance at the
contest. There shall be a medical insurance program satisfactory to
the commission provided by an amateur club, organization, or
sanctioning body in effect covering all contestants. The commission
shall review compliance with these requirements.
(d) Any club, organization, or sanctioning body that conducts,
holds, or gives amateur contests pursuant to this section, which
collects money for the event, shall furnish a written financial
report of receipts and disbursements within 90 days of the event.
(e) The commission has the right to have present without charge or
restriction such representatives as are necessary to obtain
compliance with this section.
(f) The commission may require any additional notices and reports
it deems necessary to enforce the provisions of this section.
(g) The commission, at its discretion, may rescind previously
approved authorization of a nonprofit boxing, wrestling, or martial
arts club, organization, or sanctioning body to administer its rules
for amateur boxing, wrestling, and full contact martial arts
contests.
SEC. 11. Section 19605.73 of the Business and Professions Code is
amended to read:
19605.73. (a) Thoroughbred racing associations, fairs, and the
organization responsible for contracting with thoroughbred racing
associations and fairs with respect to the conduct of racing
meetings, may form a private, statewide marketing organization to
market and promote thoroughbred and fair horse racing, including, but
not limited to, the establishment and maintenance of an Internet Web
site featuring California thoroughbred and fair racing, the
establishment and administration of players incentive programs for
those who wager on thoroughbred association and fair races, and
promotional activities at satellite wagering facilities to increase
their attendance and handle. While the promotional activities at
satellite wagering facilities shall be funded by the marketing
organization, they shall be implemented and coordinated by
representatives of the satellite wagering facilities and the
thoroughbred racing associations or fairs then conducting a live race
meet. The organization shall consist of the following members: two
members, one from the northern zone and one from the combined central
and southern zones, appointed by the thoroughbred racetracks; two
members, one from the northern zone and one from the combined central
and southern zones, appointed by the owners' organization
responsible for contracting with associations and fairs with respect
to the conduct of racing meetings; and two members, one from the
northern zone and one from the combined central and southern zones,
appointed by the organization representing racing and satellite
fairs.
(b) The marketing organization formed pursuant to subdivision (a)
shall, by November 1 of each year, submit a written report to the
board on a statewide marketing and promotion plan for the upcoming
calendar year. In addition, the organization shall annually present
to the board at the board's November meeting a verbal report on the
statewide marketing and promotion plan for the upcoming calendar
year. The plan shall be implemented as determined by the
organization. The organization shall receive input from all
interested industry participants and may utilize outside consultants.
(c) In addition to the distributions specified in subdivisions (a)
and (b) of Section 19605.7, subdivisions (a) and (b) of Section
19605.71, and Section 19605.72, for thoroughbred and fair meetings
only, from the amount that would normally be available for
commissions and purses, an amount not to exceed 0.25 percent of the
total amount handled by each satellite wagering facility shall be
distributed to the marketing organization formed pursuant to
subdivision (a) for the purposes set forth therein
in subdivision (a) . The amounts initially distributed to
the marketing organization formed pursuant to subdivision (a) shall
be 0.2 percent of the total amount handled by satellite wagering
facilities for thoroughbred and fair meetings only. The amount
distributable to the marketing organization may be adjusted by the
board, in its discretion. However, the adjusted amounts may
shall not exceed an aggregate of 0.25 percent of
the total amount handled by satellite wagering facilities for
thoroughbred and fair meetings only. Any of the promotion
Promotion funds that are not expended in the
year in which they are collected may be expended in the following
year. If promotion funds expended in any one year exceed the amount
collected for that year, the funds expended in the following year
shall be reduced by the excess amount. The marketing organization, on
a quarterly basis, shall submit to the board a written report that
accounts for all receipts and expenditures of the promotion funds for
the previous three months.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. Any moneys held by the organization shall, in the event
this section is repealed, be distributed to the organization formed
pursuant to Section 19608.2, for purposes of that section.
SEC. 12. Section 22251.2 of the Business and Professions Code is
amended to read:
22251.2. (a) The council shall have the responsibilities and
duties set forth in this chapter. The council may take any reasonable
actions to carry out the responsibilities and duties set forth in
this chapter, including, but not limited to, hiring staff and
entering into contracts. The council shall be governed by a board of
directors comprised in the manner described in subdivision (d) of
Section 22151 22251 .
(b) The council shall issue registrations, deny applications, and
discipline registrants as authorized by this chapter. The council may
adopt bylaws, rules, regulations, and procedures necessary to
effectuate the purposes of this chapter.
(c) The council shall establish application fees, renewal fees,
delinquent fees, and other fees related to the regulatory cost of
providing services and carrying out the council's responsibilities
and duties pursuant to this chapter. These fees shall not exceed the
reasonable cost to the council of providing those services and
carrying out those responsibilities and duties.
SEC. 13. Section 23826.12 of the Business and Professions Code is
amended to read:
23826.12. (a) Notwithstanding any other provision of this
chapter, in any county of the 24th class, the department may issue no
more than a total of five additional new original on-sale general
licenses for bona fide public eating places from January 1, 2014, to
December 31, 2016, inclusive. To qualify for a license under this
section, the premises upon which a bona fide public eating place is
operated shall have a seating capacity for 50 or more diners.
(b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
(c) This chapter does not prohibit a person who currently holds a
valid on-sale general license for seasonal business from applying for
an original on-sale general license pursuant to this section.
(d) A license issued under this section shall not be transferred
from one county to another , nor shall it be transferred
to any premises not qualifying under this section.
SEC. 14. Section 56.30 of the Civil Code is amended to read:
56.30. The disclosure and use of the following medical
information shall not be subject to the limitations of this part:
(a) (Mental health and developmental disabilities) 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) of the Welfare
and Institutions Code.
(b) (Public social services) Information and records that are
subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and
Institutions Code.
(c) (State health services, communicable diseases, developmental
disabilities) Information and records maintained pursuant to former
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
the Health and Safety Code and pursuant to the Communicable Disease
Prevention and Control Act (subdivision (a) of Section 27 of the
Health and Safety Code).
(d) (Licensing and statistics) Information and records maintained
pursuant to Division 2 (commencing with Section 1200) and Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code; pursuant to Chapter 3 (commencing with Section 1200) of
Division 2 of the Business and Professions Code; and pursuant to
Section 8608, 8817, or 8909 of the Family Code.
(e) (Medical survey, workers' safety) Information and records
acquired and maintained or disclosed pursuant to Sections 1380 and
1382 of the Health and Safety Code and pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
(f) (Industrial accidents) Information and records acquired,
maintained, or disclosed pursuant to Division 1 (commencing with
Section 50), Division 4 (commencing with Section 3200), Division 4.5
(commencing with Section 6100), and Division 4.7 (commencing with
Section 6200) of the Labor Code.
(g) (Law enforcement) Information and records maintained by a
health facility which are sought by a law enforcement agency under
Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of
the Penal Code.
(h) (Investigations of employment accident or illness) Information
and records sought as part of an investigation of an on-the-job
accident or illness pursuant to Division 5 (commencing with Section
6300) of the Labor Code or pursuant to Section 105200 of the Health
and Safety Code.
(i) (Alcohol or drug abuse) Information and records subject to the
federal alcohol and drug abuse regulations (Part 2 (commencing with
Section 2.1) of Subchapter A of Chapter 1 of Title 42 of the Code of
Federal Regulations) or to Section 11977
11845.5 of the Health and Safety Code dealing with
narcotic alcohol and drug abuse.
(j) (Patient discharge data) Nothing in this part shall be
construed to limit, expand, or otherwise affect the authority of the
California Health Facilities Commission to collect patient discharge
information from health facilities.
(k) Medical information and records disclosed to, and their use
by, the Insurance Commissioner, the Director of the Department of
Managed Health Care, the Division of Industrial Accidents, the
Workers' Compensation Appeals Board, the Department of Insurance, or
the Department of Managed Health Care.
(l) Medical information and records related to services provided
on and after January 1, 2006, disclosed to, and their use by, the
Managed Risk Medical Insurance Board to the same extent that those
records are required to be provided to the board related to services
provided on and after July 1, 2009, to comply with Section 403 of the
federal Children's Health Insurance Program Reauthorization Act of
2009 (Public Law 111-3), applying subdivision (c) of Section 1932 of
the federal Social Security Act.
SEC. 15. Section 1102.6 of the Civil Code, as amended by Section 1
of Chapter 431 of the Statutes of 2013, is amended to read:
1102.6. (a) The disclosures required by this article pertaining
to the property proposed to be transferred are set forth in, and
shall be made on a copy of, the following disclosure form:
GRAPHIC INSERT HERE: SEE PRINTED VERSION OF THE BILL]
(b) The amendments to this section by the act adding this
subdivision shall become operative on July 1, 2014.
SEC. 16. Section 1788.58 of the Civil Code is amended to read:
1788.58. In an action brought by a debt buyer on a consumer debt:
(a) The complaint shall allege all of the following:
(1) That the plaintiff is a debt buyer.
(2) The nature of the underlying debt and the consumer transaction
or transactions from which it is derived, in a short and plain
statement.
(3) That the debt buyer is the sole owner of the debt at issue, or
has authority to assert the rights of all owners of the debt.
(4) The debt balance at charge off and an explanation of the
amount, nature, and reason for all post-charge-off interest and fees,
if any, imposed by the charge-off creditor or any subsequent
purchasers of the debt. This paragraph shall not be deemed to require
a specific itemization, but the explanation shall identify
separately the charge-off balance, the total of any post-charge-off
interest, and the total of any post-charge-off fees.
(5) The date of default or the date of the last payment.
(6) The name and an address of the charge-off creditor at the time
of charge off , and the charge-off creditor's
account number associated with the debt. The charge-off creditor's
name and address shall be in sufficient form so as to reasonably
identify the charge-off creditor.
(7) The name and last known address of the debtor as they appeared
in the charge-off creditor's records prior to the sale of the debt.
If the debt was sold prior to January 1, 2014, the debtor's name and
last known address as they appeared in the debt owner's records on
December 31, 2013, shall be sufficient.
(8) The names and addresses of all persons or entities that
purchased the debt after charge off, including the plaintiff debt
buyer. The names and addresses shall be in sufficient form so as to
reasonably identify each such purchaser.
(9) That the debt buyer has complied with Section 1788.52.
(b) A copy of the contract or other document described in
subdivision (b) of Section 1788.52 , shall be
attached to the complaint.
(c) The requirements of this title shall not be deemed to require
the disclosure in public records of personal, financial, or medical
information, the confidentiality of which is protected by any state
or federal law.
SEC. 17. Section 425.16 of the Code of Civil Procedure is amended
to read:
425.16. (a) The Legislature finds and declares that there has
been a disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances. The Legislature finds and
declares that it is in the public interest to encourage continued
participation in matters of public significance, and that this
participation should not be chilled through abuse of the judicial
process. To this end, this section shall be construed broadly.
(b) (1) A cause of action against a person arising from any act of
that person in furtherance of the person's right of petition or free
speech under the United States Constitution or the California
Constitution in connection with a public issue shall be subject to a
special motion to strike, unless the court determines that the
plaintiff has established that there is a probability that the
plaintiff will prevail on the claim.
(2) In making its determination, the court shall consider the
pleadings, and supporting and opposing affidavits stating the facts
upon which the liability or defense is based.
(3) If the court determines that the plaintiff has established a
probability that he or she will prevail on the claim, neither that
determination nor the fact of that determination shall be admissible
in evidence at any later stage of the case, or in any subsequent
action, and no burden of proof or degree of proof otherwise
applicable shall be affected by that determination in any later stage
of the case or in any subsequent proceeding.
(c) (1) Except as provided in paragraph (2), in any action subject
to subdivision (b), a prevailing defendant on a special motion to
strike shall be entitled to recover his or her attorney's fees and
costs. If the court finds that a special motion to strike is
frivolous or is solely intended to cause unnecessary delay, the court
shall award costs and reasonable attorney's fees to a plaintiff
prevailing on the motion, pursuant to Section 128.5.
(2) A defendant who prevails on a special motion to strike in an
action subject to paragraph (1) shall not be entitled to attorney's
fees and costs if that cause of action is brought pursuant to Section
6259, 11130, 11130.3, 54960, or 54960.1 of the Government Code.
Nothing in this paragraph shall be construed to prevent a prevailing
defendant from recovering attorney's fees and costs pursuant to
subdivision (d) of Section 6259, 11130.5, or 54690.5
or Section 11130.5 or 54960.5, of the Government Code
.
(d) This section shall not apply to any enforcement action brought
in the name of the people of the State of California by the Attorney
General, district attorney, or city attorney, acting as a public
prosecutor.
(e) As used in this section, "act in furtherance of a person's
right of petition or free speech under the United States or
California Constitution in connection with a public issue" includes:
(1) any written or oral statement or writing made before a
legislative, executive, or judicial proceeding, or any other official
proceeding authorized by law, (2) any written or oral statement or
writing made in connection with an issue under consideration or
review by a legislative, executive, or judicial body, or any other
official proceeding authorized by law, (3) any written or oral
statement or writing made in a place open to the public or a public
forum in connection with an issue of public interest, or (4) any
other conduct in furtherance of the exercise of the constitutional
right of petition or the constitutional right of free speech in
connection with a public issue or an issue of public interest.
(f) The special motion may be filed within 60 days of
the service of the complaint or, in the court's discretion, at any
later time upon terms it deems proper. The motion shall be scheduled
by the clerk of the court for a hearing not more than 30 days after
the service of the motion unless the docket conditions of the court
require a later hearing.
(g) All discovery proceedings in the action shall be stayed upon
the filing of a notice of motion made pursuant to this section. The
stay of discovery shall remain in effect until notice of entry of the
order ruling on the motion. The court, on noticed motion and for
good cause shown, may order that specified discovery be conducted
notwithstanding this subdivision.
(h) For purposes of this section, "complaint" includes
"cross-complaint" and "petition," "plaintiff" includes
"cross-complainant" and "petitioner," and "defendant" includes
"cross-defendant" and "respondent."
(i) An order granting or denying a special motion to strike shall
be appealable under Section 904.1.
(j) (1) Any party who files a special motion to strike pursuant to
this section, and any party who files an opposition to a special
motion to strike, shall, promptly upon so filing, transmit to the
Judicial Council, by e-mail or facsimile, a copy of the endorsed,
filed caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying a special motion to strike, discovery, or fees.
(2) The Judicial Council shall maintain a public record of
information transmitted pursuant to this subdivision for at least
three years, and may store the information on microfilm or other
appropriate electronic media.
SEC. 18. Section 580b of the Code of Civil Procedure is amended to
read:
580b. (a) Except as provided in subdivision (c), no deficiency
shall be owed or collected, and no deficiency judgment shall lie, for
any of the following:
(1) After a sale of real property or an estate for years therein
for failure of the purchaser to complete his or her contract of sale.
(2) Under a deed of trust or mortgage given to the vendor to
secure payment of the balance of the purchase price of that real
property or estate for years therein.
(3) Under a deed of trust or mortgage on a dwelling for not more
than four families given to a lender to secure repayment of a loan
that was used to pay all or part of the purchase price of that
dwelling, occupied entirely or in part by the purchaser. For purposes
of subdivision (b), a loan described in this paragraph is a
"purchase money loan."
(b) No deficiency shall be owed or collected, and no deficiency
judgment shall lie, on a loan, refinance, or other credit transaction
(collectively, a "credit transaction") that is used to refinance a
purchase money loan, or subsequent refinances of a purchase money
loan, except to the extent that in a credit transaction the lender or
creditor advances new principal (hereafter "new advance") that is
not applied to an obligation owed or to be owed under the purchase
money loan, or to fees, costs, or related expenses of the credit
transaction. A new credit transaction shall be deemed to be a
purchase money loan except as to the principal amount of a new
advance. For purposes of this section, any payment of principal shall
be deemed to be applied first to the principal balance of the
purchase money loan, and then to the principal balance of a new
advance, and interest payments shall be applied to any interest due
and owing. This subdivision applies only to credit transactions that
are executed on or after January 1, 2013.
(c) The fact that no deficiency shall be owed or collected under
the circumstances set forth in subdivisions (a) and (b) does not
affect the liability that a guarantor, pledgor , or other
surety might otherwise have with respect to the deficiency, or that
might otherwise be satisfied in whole or in part from other
collateral pledged to secure the obligation that is the subject of
the deficiency.
(d) When both a chattel mortgage and a deed of trust or mortgage
have been given to secure payment of the balance of the combined
purchase price of both real and personal property, no deficiency
judgment shall lie under any one thereof if no deficiency judgment
would lie under the deed of trust or mortgage on the real property or
estate for years therein.
SEC. 19. Section 580d of the Code of Civil Procedure is amended to
read:
580d. (a) Except as provided in subdivision (b), no deficiency
shall be owed or collected, and no deficiency judgment shall be
rendered for a deficiency on a note secured by a deed of trust or
mortgage on real property or an estate for years therein executed in
any case in which the real property or estate for years therein has
been sold by the mortgagee or trustee under power of sale contained
in the mortgage or deed of trust.
(b) The fact that no deficiency shall be owed or collected under
the circumstances set forth in subdivision (a) does not affect the
liability that a guarantor, pledgor , or other surety
might otherwise have with respect to the deficiency, or that might
otherwise be satisfied in whole or in part from other collateral
pledged to secure the obligation that is the subject of the
deficiency.
(c) This section does not apply to a deed of trust, mortgage, or
other lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the
Commissioner of Corporations, or which is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).
SEC. 20. Section 1282.4 of the Code of Civil Procedure is amended
to read:
1282.4. (a) A party to the arbitration has the right to be
represented by an attorney at any proceeding or hearing in
arbitration under this title. A waiver of this right may be revoked;
but if a party revokes that waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
(b) Notwithstanding any other law, including Section 6125 of the
Business and Professions Code, an attorney admitted to the bar of any
other state may represent the parties in the course of, or in
connection with, an arbitration proceeding in this state, provided
that the attorney, if not admitted to the State Bar of California,
satisfies all of the following:
(1) He or she timely serves the certificate described in
subdivision (c).
(2) The attorney's appearance is approved in writing on that
certificate by the arbitrator, the arbitrators, or the arbitral
forum.
(3) The certificate bearing approval of the attorney's appearance
is filed with the State Bar of California and served on the parties
as described in this section.
(c) Within a reasonable period of time after the attorney
described in subdivision (b) indicates an intention to appear in the
arbitration, the attorney shall serve a certificate in a form
prescribed by the State Bar of California on the arbitrator,
arbitrators, or arbitral forum, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. The certificate shall state all of the
following:
(1) The case name and number, and the name of the arbitrator,
arbitrators, or arbitral forum assigned to the proceeding in which
the attorney seeks to appear.
(2) The attorney's residence and office address.
(3) The courts before which the attorney has been admitted to
practice and the dates of admission.
(4) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
(5) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
(6) That the attorney is not a resident of the State of
California.
(7) That the attorney is not regularly employed in the State of
California.
(8) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
(9) That the attorney agrees to be subject to the jurisdiction of
the courts of this state with respect to the law of this state
governing the conduct of attorneys to the same extent as a member of
the State Bar of California.
(10) The title of the court and the cause in which the attorney
has filed an application to appear as counsel pro hac vice in this
state or filed a certificate pursuant to this section in the
preceding two years, the date of each application or certificate, and
whether or not it was granted. If the attorney has made repeated
appearances, the certificate shall reflect the special circumstances
that warrant the approval of the attorney's appearance in the
arbitration.
(11) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
(d) The arbitrator, arbitrators, or arbitral forum may approve the
attorney's appearance if the attorney has complied with subdivision
(c). Failure to timely file and serve the certificate described in
subdivision (c) shall be grounds for disapproval of the appearance
and disqualification from serving as an attorney in the arbitration
in which the certificate was filed. In the absence of special
circumstances, repeated appearances shall be grounds for disapproval
of the appearance and disqualification from serving as an attorney in
the arbitration in which the certificate was filed.
(e) Within a reasonable period of time after the arbitrator,
arbitrators, or arbitral forum approves the certificate, the attorney
shall file the certificate with the State Bar of California and
serve the certificate as described in Section 1013a on all parties
and counsel in the arbitration whose addresses are known to the
attorney.
(f) An attorney who fails to file or serve the certificate
required by this section or files or serves a certificate containing
false information or who otherwise fails to comply with the standards
of professional conduct required of members of the State Bar of
California shall be subject to the disciplinary jurisdiction of the
State Bar with respect to that certificate or any of his or her acts
occurring in the course of the arbitration.
(g) Notwithstanding any other law, including Section 6125 of the
Business and Professions Code, an attorney who is a member in good
standing of the bar of any state may represent the parties in
connection with rendering legal services in this state in the course
of and in connection with an arbitration pending in another state.
(h) Notwithstanding any other law, including Section 6125 of the
Business and Professions Code, any party to an arbitration arising
under collective bargaining agreements in industries and provisions
subject to either state or federal law may be represented in the
course of, and in connection with, those proceedings by any person,
regardless of whether that person is licensed to practice law in this
state.
(i) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) 3200) of the Labor
Code.
(j) (1) In enacting the amendments to this section made by
Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
of the Legislature to respond to the holding in Birbrower v. Superior
Court (1998) 17 Cal.4th 119, as modified at 17 Cal.4th 643a
(hereafter Birbrower) 119 , to provide a
procedure for nonresident attorneys who are not licensed in this
state to appear in California arbitration proceedings.
(2) In enacting subdivision (h), it is the intent of the
Legislature to make clear that any party to an arbitration arising
under a collective bargaining agreement governed by the laws of this
state may be represented in the course of and in connection with
those proceedings by any person regardless of whether that person is
licensed to practice law in this state.
(3) Except as otherwise specifically provided in this section, in
enacting the amendments to this section made by Assembly Bill 2086 of
the 1997-98 Regular Session, it is the Legislature's intent that
nothing in this section is intended to expand or restrict the ability
of a party prior to the decision in Birbrower to elect to be
represented by any person in a nonjudicial arbitration proceeding, to
the extent those rights or abilities existed prior to that decision.
To the extent that Birbrower is interpreted to expand or restrict
that right or ability pursuant to the laws of this state, it is
hereby abrogated except as specifically provided in this section.
(4) In enacting subdivision (i), it is the intent of the
Legislature to make clear that nothing in this section shall affect
those provisions of law governing the right of injured workers to
elect to be represented by any person, regardless of whether that
person is licensed to practice law in this state, as set forth in
Division 4 (commencing with Section 3200) of the Labor Code.
SEC. 21. Section 1530 of the Code of Civil Procedure is amended to
read:
1530. (a) Every person holding funds or other property escheated
to this state under this chapter shall report to the Controller as
provided in this section.
(b) The report shall be on a form prescribed or approved by the
Controller and shall include:
(1) Except with respect to traveler's checks and money orders, the
name, if known, and last known address, if any, of each person
appearing from the records of the holder to be the owner of any
property of value of at least fifty dollars ($50) escheated under
this chapter. This paragraph shall become inoperative on July 1,
2014.
(2) Except with respect to traveler's checks and money orders, the
name, if known, and last known address, if any, of each person
appearing from the records of the holder to be the owner of any
property of value of at least twenty-five dollars ($25) escheated
under this chapter. This paragraph shall become operative on July 1,
2014.
(3) In the case of escheated funds of life insurance corporations,
the full name of the insured or annuitant, and his or her last known
address, according to the life insurance corporation's records.
(4) In the case of the contents of a safe deposit box or other
safekeeping repository or in the case of other tangible property, a
description of the property and the place where it is held and may be
inspected by the Controller. The report shall set forth any amounts
owing to the holder for unpaid rent or storage charges and for the
cost of opening the safe deposit box or other safekeeping repository,
if any, in which the property was contained.
(5) The nature and identifying number, if any, or description of
any intangible property and the amount appearing from the records to
be due, except that items of value under twenty five
twenty-five dollars ($25) each may be reported
in aggregate.
(6) Except for any property reported in the aggregate, the date
when the property became payable, demandable, or returnable, and the
date of the last transaction with the owner with respect to the
property.
(7) Other information which the Controller prescribes by rule as
necessary for the administration of this chapter.
(c) If the holder is a successor to other persons who previously
held the property for the owner, or if the holder has changed his or
her name while holding the property, he or she shall file with his or
her report all prior known names and addresses of each holder of the
property.
(d) The report shall be filed before November 1 of each year as of
June 30 or fiscal yearend next preceding, but the report of life
insurance corporations, and the report of all insurance corporation
demutualization proceeds subject to Section 1515.5, shall be filed
before May 1 of each year as of December 31 next preceding. The
initial report for property subject to Section 1515.5 shall be filed
on or before May 1, 2004, with respect to conditions in effect on
December 31, 2003, and all property shall be determined to be
reportable under Section 1515.5 as if that section were in effect on
the date of the insurance company demutualization or related
reorganization. The Controller may postpone the reporting date upon
his or her own motion or upon written request by any person required
to file a report.
(e) The report, if made by an individual, shall be verified by the
individual; if made by a partnership, by a partner; if made by an
unincorporated association or private corporation, by an officer; and
if made by a public corporation, by its chief fiscal officer or
other employee authorized by the holder.
SEC. 22. Section 402.5 of the Corporations Code is amended to
read:
402.5. The rights, preferences, privileges, and restrictions
granted to or imposed upon a class or series of preferred shares
(Section 176) , the designation of which includes either
the word "preferred" or the word "preference , " may:
(a) Notwithstanding paragraph (9) of subdivision (a) of Section
204, include a provision requiring a vote of a specified percentage
or proportion of the outstanding shares of the class or series that
is less than a majority of the class or series to approve any
corporate action, except where the vote of a majority or greater
proportion of the class or series is required by this division,
regardless of restrictions or limitations on the voting rights
thereof.
(b) Notwithstanding paragraph (5) of subdivision (a) of Section
204, provide that in addition to the requirement of subdivision (a)
of Section 1900 the corporation may voluntarily wind up and dissolve
only upon the vote of a specified percentage (which shall not exceed
662/3 percent) of such class or series.
(c) Notwithstanding subdivision (a) of Section 500, provide that a
distribution may be made without regard to the preferential
dividends arrears amount, or any preferential rights amount, or both,
as described in paragraphs (1) and (2) of subdivision (a) of Section
500.
SEC. 23. Section 14001 of the Corporations Code is amended to
read:
14001. (a) It is the intent of the Legislature in enacting this
chapter to promote the economic development of small businesses
through the California Small Business Finance Center by making
available capital, general management assistance, and other
resources, including financial services, personnel, and business
education to small business entrepreneurs, including women, veteran,
and minority-owned businesses, for the purpose of promoting the
health, safety, and social welfare of the citizens of California, to
eliminate unemployment of the economically disadvantaged of the
state, and to stimulate economic development and entrepreneurship.
(b) It is the further intent of the Legislature to provide a
flexible means to mobilize and commit all available and potential
resources in the various regions of the state to fulfill these
objectives, including federal, state, and local public resources, and
private debt and equity investment.
(c) It is the further intent of the Legislature that corporations
operating pursuant to this law , shall ,
to the maximum extent feasible, coordinate with other job and
business development efforts within their region directed toward
implementing the purpose of this chapter.
(d) It is the further intent of the Legislature to provide
expanded resources allowing participation by small and emerging
contractors in state public works contracts. Increased access to
surety bonding resources will assist in supporting participation by
those firms in public works contracts, and by stimulating increased
participation by small firms, the state will benefit from increased
competition and lower bid costs.
SEC. 24. Section 14305 of the Corporations Code is amended to
read:
14305. (a) (1) This section shall be known and may be cited as
the Mutual Water Company Open Meeting Act.
(2) This section shall only apply to a mutual water company that
operates a public water system.
(b) Any eligible person, upon 24 hours advance written notice, may
attend meetings of the board of directors of a mutual water company,
except when the board adjourns to, or meets solely in, executive
session to consider litigation, matters relating to the formation of
contracts with third parties, member or shareholder discipline,
personnel matters, or to meet with a member or shareholder, upon the
member or shareholder's request, regarding the member or shareholder'
s payment of assessments, as specified in Section 14303. The board of
directors of the association mutual water
company shall meet in executive session, if requested by a
member or shareholder who may be subject to a fine, penalty, or other
form of discipline, and the member shall be entitled to attend the
executive session. As specified in paragraph (3) of subdivision
(m) (o) , an eligible person shall be
entitled to attend a teleconference meeting or the portion of a
teleconference meeting that is open to eligible persons, and that
meeting or portion of the meeting shall be audible to the eligible
persons in a location specified in the notice of the meeting.
(c) Any matter discussed in executive session shall be generally
noted in the minutes of the immediately following meeting that is
open to eligible persons.
(d) The minutes, minutes proposed for adoption that are marked to
indicate draft status, or a summary of the minutes, of any meeting of
the board of directors of a mutual water company, conducted on or
after January 1, 2014, other than an executive session, shall be
available to eligible persons within 30 days of the meeting. The
minutes, proposed minutes, or summary minutes shall be provided to
any eligible person upon request and upon reimbursement of the mutual
water company's costs for providing the minutes.
(e) The pro forma budget required in Section 14306 shall be
available to eligible persons within 30 days of the meeting at which
the budget was adopted. The budget shall be provided to any eligible
person upon request and upon reimbursement of the mutual water
company's costs.
(f) Unless the bylaws provide for a longer period of notice,
eligible persons shall be given notice of the time and place of a
meeting as defined in subdivision (m) (o)
, except for an emergency meeting or a meeting that will be
held solely in executive session, at least four days prior to the
meeting. Except for an emergency meeting, eligible persons shall be
given notice of the time and place of a meeting that will be held
solely in executive session at least two days prior to the meeting.
Notice shall be given by posting the notice in a prominent, publicly
accessible place or places within the territory served by the mutual
water company and by mail to any eligible person who had requested
notification of board meetings by mail, at the address requested by
the eligible person. Eligible persons requesting notice by mail shall
pay the costs of reproduction and mailing of the notice in advance.
Notice may also be given by mail, by delivery of the notice to each
unit served by the mutual water company or, with the consent of the
eligible person, by electronic means. The notice shall contain the
agenda for the meeting.
(g) An emergency meeting of the board may be called by the chief
executive officer of the mutual water company, or by any two members
of the board of directors other than the chief executive officer, if
there are circumstances that could not have been reasonably foreseen
which require immediate attention and possible action by the board,
and which of necessity make it impracticable to provide notice as
required by this section.
(h) The board of directors of a mutual water company shall permit
any eligible person to speak at any meeting of the mutual water
company or the board of directors, except for meetings of the board
held in executive session. A reasonable time limit for all eligible
persons to speak to the board of directors or before a meeting of the
mutual water company shall be established by the board of directors.
(i) (1) Except as described in paragraphs (2) to (4), inclusive,
the board of directors of the mutual water company may not discuss or
take action on any item at a nonemergency meeting unless the item
was placed on the agenda included in the notice that was posted and
distributed pursuant to subdivision (f). This subdivision does not
prohibit an eligible person who is not a member of the board from
speaking on issues not on the agenda.
(2) Notwithstanding paragraph (1), a member of the board of
directors, mutual water company officers, or a member of the staff of
the mutual water company, may do any of the following:
(A) Briefly respond to statements made or questions posed by a
person speaking at a meeting as described in subdivision (h).
(B) Ask a question for clarification, make a brief announcement,
or make a brief report on his or her own activities, whether in
response to questions posed by an eligible person or based upon his
or her own initiative.
(3) Notwithstanding paragraph (1), the board of directors or a
member of the board of directors, subject to rules or procedures of
the board of directors, may do any of the following:
(A) Provide a reference to, or provide other resources for factual
information to, the mutual water company's officers or staff.
(B) Request the mutual water company's officers or staff to report
back to the board of directors at a subsequent meeting concerning
any matter, or take action to direct the mutual water company's
officers or staff to place a matter of business on a future agenda.
(C) Direct the mutual water company's officers or staff to perform
administrative tasks that are necessary to carry out this
subdivision.
(4) (A) Notwithstanding paragraph (1), the board of directors may
take action on any item of business not appearing on the agenda
posted and distributed pursuant to subdivision (f) under any of the
following conditions:
(i) Upon a determination made by a majority of the board of
directors present at the meeting that an emergency situation exists.
An emergency situation exists if there are circumstances that could
not have been reasonably foreseen by the board, that require
immediate attention and possible action by the board, and that, of
necessity, make it impracticable to provide notice.
(ii) Upon a determination made by the board by a vote of
two-thirds of the members present at the meeting, or, if less than
two-thirds of total membership of the board is present at the
meeting, by a unanimous vote of the members present, that there is a
need to take immediate
action and that the need for action came to the attention of the
board after the agenda was posted and distributed pursuant to
subdivision (f).
(iii) The item appeared on an agenda that was posted and
distributed pursuant to subdivision (f) for a prior meeting of the
board of directors that occurred not more than 30 calendar days
before the date that action is taken on the item and, at the prior
meeting, action on the item was continued to the meeting at which the
action is taken.
(B) Before discussing any item pursuant to this paragraph, the
board of directors shall openly identify the item to the members in
attendance at the meeting.
(j) (1) Notwithstanding any other law, the board of directors
shall not take action on any item of business outside of a meeting.
(2) (A) Notwithstanding any other provision of law, the board of
directors shall not conduct a meeting via a series of electronic
transmissions, including, but not limited to, electronic mail, except
as specified in subparagraph (B).
(B) Electronic transmissions may be used as a method of conducting
an emergency meeting if all members of the board, individually or
collectively, consent in writing to that action, and if the written
consent or consents are filed with the minutes of the meeting of the
board. These written consents may be transmitted electronically.
(k) (1) An eligible person may bring a civil action for
declaratory or equitable relief for a violation of this section by a
mutual water company for which he or she is defined as an eligible
person for a judicial determination that an action taken by the board
is null and void under this section.
(2) Prior to the commencement of an action pursuant to paragraph
(1), the eligible person shall make a demand on the board to cure or
correct the action alleged to be taken in violation of this section.
The demand shall be in writing, and submitted within 90 days from the
date the action was taken. The demand shall state the challenged
action of the board and the nature of the alleged violation.
(3) Within 30 days of receipt of the demand, the board shall cure
or correct the challenged action and inform the demanding party in
writing of its actions to cure or correct, or inform the demanding
party in writing of its decision not to cure or correct the
challenged action.
(4) Within 15 days of receipt of the written notice of the board's
decision to cure or correct or not to cure or correct, or within 15
days of the expiration of the 30-day period to cure or correct,
whichever is earlier, the demanding party shall commence the action
pursuant to paragraph (1). If the demanding party fails to commence
the action pursuant to paragraph (1), that party shall be barred from
commencing the action thereafter.
(l) A board action that is alleged to have been taken in violation
of this section shall not be determined to be void if the action
taken was in substantial compliance with this section.
(m) The fact that the board of directors of a mutual water company
takes subsequent action to cure or correct an action taken pursuant
to this section shall not be construed as, or admissible as evidence
of, a violation of this section.
(n) An eligible person who prevails in a civil action to enforce
his or her rights pursuant to this section shall be entitled to
reasonable attorney's fees and court costs. A prevailing mutual water
company shall not recover any costs, unless the court finds the
action to be frivolous, unreasonable, or without foundation.
(o) As used in this section:
(1) "Eligible person" means a person who is any of the following:
(A) A shareholder or member of the mutual water company.
(B) A person who is an occupant, pursuant to a lease or a rental
agreement, of commercial space or a dwelling unit to which the mutual
water company sells, distributes, supplies, or delivers drinking
water.
(C) An elected official of a city or county who represents people
who receive drinking water directly from the mutual water company on
a retail basis.
(D) Any other person eligible to participate in the mutual water
company's meetings under provisions of the company's articles or
bylaws.
(2) "Item of business" means any action within the authority of
the board, except those actions that the board has validly delegated
to any other person or persons, officer of the mutual water company,
or committee of the board comprising less than a majority of the
directors.
(3) "Meeting" means either of the following:
(A) A congregation of a majority of the members of the board at
the same time and place to hear, discuss, or deliberate upon any item
of business that is within the authority of the board.
(B) A teleconference in which a majority of the members of the
board, in different locations, are connected by electronic means,
through audio or video or both. A teleconference meeting shall be
conducted in a manner that protects the rights of members of the
association mutual water company and
otherwise complies with the requirements of this title. Except for a
meeting that will be held solely in executive session, the notice of
the teleconference meeting shall identify at least one physical
location so that members of the association
mutual water company may attend and at least one member of the
board of directors or a person designated by the board shall be
present at that location. Participation by board members in a
teleconference meeting constitutes presence at that meeting as long
as all board members participating in the meeting are able to hear
one another and members of the association
mutual water company speaking on matters before the board.
(4) "Mutual water company" means a mutual water company, as
defined in Section 14300, that operates a public water system, as
defined in Section 14300.5.
SEC. 25. Section 221.5 of the Education Code is amended to read:
221.5. (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
(b) A school district may shall not
prohibit a pupil from enrolling in any class or course on the basis
of the sex of the pupil, except a class subject to Chapter 5.6
(commencing with Section 51930) of Part 28 of Division 4 of Title 2.
(c) A school district may shall not
require a pupil of one sex to enroll in a particular class or course,
unless the same class or course is also required of a pupil of the
opposite sex.
(d) A school counselor, teacher, instructor, administrator, or
aide may shall not, on the basis of the
sex of a pupil, offer vocational or school program guidance to a
pupil of one sex that is different from that offered to a pupil of
the opposite sex or, in counseling a pupil, differentiate career,
vocational, or higher education opportunities on the basis of the sex
of the pupil counseled. Any school personnel acting in a career
counseling or course selection capacity to a pupil shall
affirmatively explore with the pupil the possibility of careers, or
courses leading to careers, that are nontraditional for that pupil's
sex. The parents or legal guardian of the pupil shall be notified in
a general manner at least once in the manner prescribed by Section
48980, in advance of career counseling and course selection
commencing with course selection for grade 7 so that they may
participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
(f) A pupil shall be permitted to participate in sex-segregated
school programs and activities, including athletic teams and
competitions, and use facilities consistent with his or her gender
identity, irrespective of the gender listed on the pupil's records.
SEC. 26. Section 2576 of the Education Code is amended to read:
2576. (a) If a county superintendent of schools enrolls ,
in a school operated by the county superintendent of schools
, a pupil not funded pursuant to clause (i), (ii), or
(iii) of subparagraph (A) of paragraph (4) of subdivision (c) of
Section 2574, or Article 2.5 (commencing with Section 48645) of
Chapter 4 of Part 27 of Division 4 of Title 2, any attendance
generated by that pupil shall be credited to the school district of
residence. Enrollment of these pupils shall be transferred to the
school district of residence for purposes of calculating the
percentage of unduplicated pupils pursuant to Section 42238.02.
(b) For purposes of this section, the school district of residence
for a homeless child, as defined in Section 1981.2, enrolled in a
school operated by a county superintendent of schools shall be deemed
to be the school district that last provided educational services to
that child or, if it is not possible to determine that school
district, the largest school district in the county.
SEC. 27. Section 8151 of the Education Code is amended to read:
8151. An apprentice attending a local educational agency in
classes of related and supplemental instruction , as
provided under Section 3074 of the Labor Code and in accordance with
the requirements of subdivision (d) of Section 3078 of the Labor Code
, shall be exempt from the requirements of any
interdistrict attendance agreement for those classes.
SEC. 28. Section 8152 of the Education Code is amended to read:
8152. (a) The reimbursement rate shall be established in the
annual Budget Act and the rate shall be commonly applied to all
providers of instruction specified in subdivision (d).
(b) For purposes of this section, each hour of teaching time may
include up to 10 minutes of passing time and breaks.
(c) This section also applies to isolated apprentices, as defined
in Section 3074 of the Labor Code, for which alternative methods of
instruction are provided.
(d) The Chancellor of the California Community Colleges shall make
the reimbursements specified in this section for teaching time
provided by local educational agencies.
(e) The hours for related and supplemental instruction derived
from funds appropriated pursuant to subdivision (b) of Section 8150
shall be allocated by the Chancellor of California Community Colleges
directly to participating local educational agencies that contract
with apprenticeship programs pursuant to subdivision (f).
(f) Reimbursements may be made under this section for related and
supplemental instruction provided to indentured apprentices only if
the instruction is provided by a program approved by the Division of
Apprenticeship Standards in of the
Department of Industrial Relations in accordance with Chapter 4
(commencing with Section 3070) of Division 3 of the Labor Code.
(g) The initial allocation of hours made pursuant to subdivision
(e) for related and supplemental instruction at the beginning of
any a fiscal year , when
multiplied by the hourly reimbursement rate , shall equal
100 percent of the total appropriation for apprenticeships.
(h) If funds remain from the appropriation pursuant to subdivision
(b) of Section 8150, the Chancellor of the California Community
Colleges shall reimburse local educational agencies for unfunded
related and supplemental instruction hours from any of the three
previous fiscal years, in the following order:
(1) Reported related and supplemental instruction hours ,
as described in subdivision (b) of Section 8154 ,
that were paid at a rate less than the hourly rate specified in the
Budget Act.
(2) Reported related and supplemental instruction hours that were
not reimbursed.
SEC. 29. Section 8155 of the Education Code is amended to read:
8155. (a) The Chancellor of the California Community Colleges and
the Division of Apprenticeship Standards of the Department of
Industrial Relations, in consultation with the Superintendent, shall
jointly develop a model format for agreements between apprenticeship
programs and local educational agencies for instruction pursuant to
Section 3074 of the Labor Code.
(b) By March 14, 2014, the Chancellor of the California Community
Colleges and the Division of Apprenticeship Standards of the
Department of Industrial Relations, with equal participation by local
educational agencies and community college apprenticeship
administrators, shall develop common administrative practices and
treatment of costs and services, as well as other policies related to
apprenticeship programs. Any policies developed pursuant to
the this subdivision shall become operative upon approval
by the California Apprenticeship Council.
(c) Apprenticeship programs offered through local educational
agencies may maintain their existing curriculum and instructors
separate from the requirements of the California Community Colleges.
The person providing instruction may be a qualified journeyperson
with experience and knowledge of the trade.
SEC. 30. Section 8482.3 of the Education Code is amended to read:
8482.3. (a) The After School Education and Safety Program shall
be established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools.
(b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites. If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
(c) (1) Each component of a program established pursuant to this
article shall consist of the following two elements:
(A) An educational and literacy element in which tutoring or
homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science,
computer training, or science.
(B) An educational enrichment element , that
may include, but need not be limited to, fine arts, career technical
education, recreation, physical fitness, and prevention activities.
(2) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to this
article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through
a program shall conform to the nutrition standards in Article 2.5
(commencing with Section 49430) of Chapter 9 of Part 27 of Division 4
of Title 2.
(2) Applicants shall agree that meals made available through a
program shall conform to the nutrition standards of the United States
Department of Agriculture's at-risk afterschool meal component of
the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) Applicants for programs established pursuant to this article
may include any of the following:
(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to
operate a program on that site or sites.
(2) The application has been approved by the school district, or
the charter school governing body, and the principal of each
participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility
for the quality of the program.
(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, "public agency" means only a county board of
supervisors or , if the city is incorporated or has a
charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.
(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for
the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended by the
Advisory Committee on Before and After School Programs and adopted by
the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be
served by the program.
(10) Applicants agree to provide the following information on
participating pupils to the department:
(A) Schoolday attendance rates.
(B) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(C) Program attendance.
(g) (1) Grantees shall review their after school program plans
every three years, including, but not limited to, all of the
following:
(A) Program goals. A grantee may specify any new program goals
that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in
subdivision (c).
(C) Outcome measures selected from those identified in subdivision
(a) of Section 8484 that the grantee will use for the next three
years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of
this review, the grantee shall notify the department in a manner
prescribed by the department.
(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite
monitoring process.
SEC. 31. Section 20092 of the Education Code is amended to read:
20092. (a) The endowment may create a competitive grant program
to support small capital projects in museums pursuant to subdivision
(b) of Section 20057. The grant program shall give priority to the
objectives listed in Section 20091. Once funding becomes available
from the sale of specialized license plates pursuant to subdivision
(b), funding for the grant program shall only be made, upon
apppropriation appropriation by the Legislature,
from the funds collected pursuant to subdivision (b).
(b) If the endowment creates the grant program described in
subdivision (a), the endowment shall apply to the Department of Motor
Vehicles pursuant to Section 5156 of the Vehicle Code for the
purpose of creating a specialized license plate program. It is hereby
warranted to the purchasers of these specialized license plates that
the fees collected from the sale of the specialized license plates
shall be deposited in the California Cultural and Historical
Endowment Fund to fund the grant program described in subdivision
(a). The endowment shall comply with all of the requirements of
Article 8.6 (commencing with Section 5151) of Chapter 1 of Division 3
of the Vehicle Code that apply to a state agency that sponsors a
specialized license plate program.
SEC. 32. Section 32282.1 of the Education Code is amended to read:
32282.1. As comprehensive school safety plans are reviewed and
updated, the Legislature encourages all plans, to the extent that
resources are available, to include clear guidelines for the roles
and responsibilities of mental health professionals, community
intervention professionals, school counselors, school resource
officers, and police officers on school campus
campuses , if the school district uses these people. The
guidelines may include primary strategies to create and maintain a
positive school climate, promote school safety, and
increase pupil achievement, and prioritize mental health
and intervention services, restorative and transformative justice
programs, and positive behavior interventions and support.
SEC. 33. Section 35182.5 of the Education Code is amended to read:
35182.5. (a) The Legislature finds and declares all of the
following:
(1) State and federal laws require all schools participating in
meal programs to provide nutritious food and beverages to pupils.
(2) State and federal laws restrict the sale of food and beverages
in competition with meal programs to enhance the nutritional goals
for pupils, and to protect the fiscal and nutritional integrity of
the school food service programs.
(3) Parents, pupils, and community members should have the
opportunity to ensure, through the review of food and beverage
contracts, that food and beverages sold on school campuses provide
nutritious sustenance to pupils, promote good health, help pupils
learn, provide energy, and model fit living for life.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Nonnutritious beverages" means any beverage that is not any
of the following:
(A) Drinking water.
(B) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(C) An electrolyte replacement beverage that contains 42 grams or
less of added sweetener per 20 ounce serving.
(D) A 100 percent fruit juice, or fruit-based drink that is
composed of 50 percent or more fruit juice and that has no added
sweeteners.
(2) "Added sweetener" means any an
additive that enhances the sweetness of the beverage, including, but
not limited to, added sugar, but does not include the natural sugar
or sugars that are contained within any fruit juice that is a
component of the beverage.
(3) "Nonnutritious food" means food that is not sold as part of
the school breakfast or lunch program as a full meal, and that meets
any of the following standards:
(A) More than 35 percent of its total calories are from fat.
(B) More than 10 percent of its total calories are from saturated
fat.
(C) More than 35 percent of its total weight is composed of sugar.
This subparagraph does not apply to the sale of fruits or
vegetables.
(c) The governing board of a school district shall not do any of
the following:
(1) Enter into or renew a contract , or permit a school
within the district to enter into or renew a contract ,
that grants exclusive or nonexclusive advertising or grants the right
to the exclusive or nonexclusive sale of carbonated beverages or
nonnutritious beverages or nonnutritious food within the district to
a person, business, or corporation, unless the governing board of the
school district does all of the following:
(A) Adopts a policy after a public hearing of the governing board
of the school district to ensure that the school district has
internal controls in place to protect the integrity of the public
funds and to ensure that funds raised benefit public education, and
that the contracts are entered into on a competitive basis pursuant
to procedures contained in Section 20111 of the Public Contract Code
or through the issuance of a Request for Proposal.
(B) Provides to parents, guardians, pupils, and members of the
public the opportunity to comment on the contract by holding a public
hearing on the contract during a regularly scheduled board meeting.
The governing board of the school district shall clearly, and in a
manner recognizable to the general public, identify in the agenda the
contract to be discussed at the meeting.
(2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the governing board of the school district.
(3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils, unless the
governing board of the school district does all of the following:
(A) Enters into the contract at a noticed public hearing of the
governing board of the school district.
(B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
(C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
(D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers. This notice shall be part of the school district's normal
ongoing communication to parents or guardians.
(E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising. Any A request shall be
honored for the school year in which it is submitted, or longer if
specified, but may be withdrawn by the parents or guardians at any
time.
(d) A governing board of the school district may meet the public
hearing requirement set forth in subparagraph (B) of paragraph (1) of
subdivision (c) for those contracts that grant the right to the
exclusive or nonexclusive sale of carbonated beverages or
nonnutritious beverages or nonnutritious food within the district, by
an annual public hearing to review and discuss existing and
potential contracts for the sale of food and beverages on campuses,
including food and beverages sold as full meals, through competitive
sales, as fundraisers, and through vending machines.
(1) The public hearing shall include, but not be limited to, a
discussion of all of the following:
(A) The nutritional value of food and beverages sold within the
district.
(B) The availability of fresh fruit, vegetables, and grains in
school meals and snacks, including, but not limited to, locally grown
and organic produce.
(C) The amount of fat, sugar, and additives in the food and
beverages discussed.
(D) Barriers to pupil participation in school breakfast and lunch
programs.
(2) A school district that holds an annual public hearing
consistent with this subdivision is not released from the public
hearing requirements set forth in subparagraph (B) of paragraph (1)
of subdivision (c) for those contracts not discussed at the annual
public hearing.
(e) The
governing board of the school district shall make accessible to the
public any a contract entered into
pursuant to paragraph (1) of subdivision (c) and may not include in
that contract a confidentiality clause that would prevent a school or
school district from making any part of the contract public.
(f) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
(g) The governing board of a school district may post public signs
indicating the school district's appreciation for the support of a
person or business for the school district's education program.
(h) Contracts entered into before January 1, 2004, may remain in
effect, but may shall not be renewed if
they are in conflict with this section.
SEC. 34. Section 41329.575 of the Education Code is amended to
read:
41329.575. (a) (1) Pursuant to a schedule provided to the
Controller by the bank, commencing with the 2013-14 fiscal year, the
Controller shall transfer from Section A of the State School Fund and
the Education Protection Account the amount of funds necessary to
pay the warrants issued pursuant to paragraph (3) so that the
effective cost of the lease financing for each fiscal year from
2013-14 to 2029-30, inclusive, provided to the South Monterey County
Joint Union High School District pursuant to Chapter 20 of the
Statues Statutes of 2009 shall be equal
to the cost of providing an emergency General Fund cashflow loan to
the South Monterey County Joint Union High School District for each
fiscal year from 2013-14 to 2029-30, inclusive.
(2) For purposes of determining the cost of providing an emergency
General Fund cashflow loan to the South Monterey County Joint Union
High School District for fiscal years 2013-14 to 2029-30, inclusive,
for the South Monterey County Joint Union High School District, the
original interest rate is equal to the annual rate of return earned
by the Pooled Money Investment Account for the applicable fiscal
year, plus an additional 2 percent. This rate shall also apply to
disbursements of the loan pursuant to Chapter 20 of the Statutes of
2009 that are subsequent to September 15, 2013.
(3) The executive director or chair of the bank shall periodically
provide a schedule to the Controller and the South Monterey County
Joint Union High School District of the actual amount of the
difference between the annual cost of the lease financing compared to
the annual cost of providing the South Monterey County Joint Union
High School District with an emergency General Fund cashflow loan for
each applicable fiscal year and the Controller shall issue warrants
to the South Monterey County Joint Union High School District
pursuant to the schedule. Payments to the South Monterey County Joint
Union High School District shall occur only during the term of the
loan for the South Monterey County Joint Union High School District
and shall be made no sooner than the corresponding payments are made
to the bond trustee under the lease financing for the South Monterey
County Joint Union High School District.
(4) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants issued
pursuant to paragraph (3) are "General Fund revenues appropriated for
school districts," as defined in subdivision (c) of Section 41202
for the fiscal years in which the warrants are issued and included
within the "total allocations to school districts and community
college districts from General Fund proceeds of taxes appropriated
pursuant to Article XIII B," as defined in subdivision (e) of Section
41202, for the fiscal years in which the warrants are issued.
(b) It is the intent of the Legislature that the financing cost
subsidies funded in this section not be deemed precedent nor in
conflict with Chapter 20 of the Statutes of 2009.
SEC. 35. Section 42238.03 of the Education Code is amended to
read:
42238.03. (a) Commencing with the 2013-14 fiscal year and each
fiscal year thereafter, the Superintendent shall calculate a base
entitlement for the transition to the local control funding formula
for each school district and charter school equal to the sum of the
amounts computed pursuant to paragraphs (1) to (4), inclusive. The
amounts computed pursuant to paragraphs (1) to (4), inclusive, shall
be continuously appropriated pursuant to Section 14002.
(1) The current fiscal year base entitlement funding level shall
be the sum of all of the following:
(A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant to Section 42238.05. A school
district's 2012-13 fiscal year revenue limit funding shall exclude
amounts computed pursuant to Article 4 (commencing with Section
42280).
(B) (i) For charter schools, general purpose funding as computed
pursuant to Article 2 (commencing with Section 47633) of Chapter 6,
as that article read on January 1, 2013, and the amount of in-lieu
property tax provided to the charter school pursuant to Section
47635, as that section read on June 30, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant to
Section 42238.05. That quotient shall be multiplied by the current
fiscal year average daily attendance of the charter school computed
pursuant to Section 42238.05.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
(D) For school districts, funding for qualifying necessary small
high school and necessary small elementary schools shall be adjusted
to reflect the funding levels that correspond to the 2012-13
necessary small high school and necessary small elementary school
allowances pursuant to Article 4 (commencing with Section
42280) and Section 42238.146, as those provisions read on January 1,
2013.
(2) Entitlements from items contained in Section 2.00, as adjusted
pursuant to Section 12.42, of the Budget Act of 2012 for Items
6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4, as it read on January 1, 2013, and
2012-13 fiscal year funding for pupils enrolled in community day
schools who are mandatorily expelled pursuant to subdivision (d) of
Section 48915. The entitlement for basic aid school districts shall
include the reduction of 8.92 percent as applied pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of
Chapter 2 of the Statutes of 2012.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant to
Section 42238.05. That quotient shall be multiplied by the current
fiscal year average daily attendance of the charter school computed
pursuant to Section 42238.05.
(4) The amount allocated to a school district or charter school
pursuant to paragraph (3) of subdivision (b) for the fiscal years
before the current fiscal year divided by the average daily
attendance of the school district or charter school for the fiscal
years before the current fiscal year computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the school district or charter
school computed pursuant to Section 42238.05.
(5) (A) For the 2013-14 and 2014-15 fiscal years only, a school
district that, in the 2012-13 fiscal year, from any of the funding
sources identified in paragraph (1) or (2), received funds on behalf
of, or provided funds to, a regional occupational center or program
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code for purposes of providing instruction to
secondary pupils shall not redirect that funding for another purpose
unless otherwise authorized in law or pursuant to an agreement
between the regional occupational center or program joint powers
agency and the contracting school district.
(B) For the 2013-14 and 2014-15 fiscal years only, if a regional
occupational center or program joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code for purposes of
providing instruction to pupils enrolled in grades 9 to 12,
inclusive, received, in the 2012-13 fiscal year, an apportionment of
funds directly from any of the funding sources identified in
subparagraph (A) of paragraph (2) of subdivision (a), the
Superintendent shall apportion that same amount to the regional
occupational center or program joint powers agency.
(6) (A) (i) For the 2013-14 and 2014-15 fiscal years only, a
school district that, in the 2012-13 fiscal year, from any of the
funding sources identified in paragraph (1) or (2), received funds on
behalf of, or provided funds to, a home-to-school transportation
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code for purposes of providing pupil transportation
shall not redirect that funding for another purpose unless otherwise
authorized in law or pursuant to an agreement between the
home-to-school transportation joint powers agency and the contracting
school district.
(ii) For the 2013-14 and 2014-15 fiscal years only, if a
home-to-school transportation joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code for purposes of
providing pupil transportation received, in the 2012-13 fiscal year,
an apportionment of funds directly from the Superintendent from any
of the funding sources identified in subparagraph (A) of paragraph
(2) of subdivision (a), the Superintendent shall apportion that same
amount to the home-to-school transportation joint powers agency.
(B) In addition to subparagraph (A), of the funds a school
district receives for home-to-school transportation programs the
school district shall expend, pursuant to Article 2 (commencing with
Section 39820) of Chapter 1 of Part 23.5, Article 10 (commencing with
Section 41850) of Chapter 5, and the Small School District
Transportation program, as set forth in Article 4.5 (commencing with
Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, no
less for those programs than the amount of funds the school district
expended for home-to-school transportation in the 2012-13 fiscal
year.
(7) For the 2013-14 and 2014-15 fiscal years only, of the funds a
school district receives for purposes of regional occupational
centers or programs, or adult education, the school district shall
expend no less than the amount of funds the school district expended
for purposes of regional occupational centers or programs, or adult
education, respectively, in the 2012-13 fiscal year. For purposes of
this paragraph, a school district may include expenditures made by
its county office of education within the school district for
purposes of regional occupational centers or programs so long as the
total amount of expenditures by the school district and the county
office of education equal or exceed the total amount required to be
expended for purposes of regional occupational centers or programs
pursuant to this paragraph and paragraph (3) of subdivision (k) of
Section 2575.
(b) Compute an annual local control funding formula transition
adjustment for each school district and charter school as follows:
(1) Subtract the amount computed pursuant to paragraphs (1) to
(4), inclusive, of subdivision (a) from the amount computed for each
school district or charter school under the local control funding
formula entitlements computed pursuant to Section 42238.02. School
districts and charter schools with a negative difference shall be
deemed to have a zero difference.
(2) Each school district's and charter school's total need, as
calculated pursuant to paragraph (1), shall be divided by the sum of
all school districts' and charter schools' total need to determine
the school district's or charter school's respective proportions of
total need.
(3) Each school district's and charter school's proportion of
total need shall be multiplied by any available appropriations
specifically made for purposes of this subdivision, and added to the
school district's or charter school's funding amounts as calculated
pursuant to subdivision (a).
(4) If the total amount of funds appropriated for purposes of
paragraph (3) pursuant to this subdivision are sufficient to fully
fund any positive amounts computed pursuant to paragraph (1), the
local control funding formula grant computed pursuant to subdivision
(c) of Section 42238.02 shall be adjusted to ensure that any
available appropriation authority is expended for purposes of the
local control funding formula.
(5) Commencing with the first fiscal year after either paragraph
(4) of this subdivision or paragraph (2) of subdivision (g) applies,
the adjustments in paragraph (2) of subdivision (d) of Section
42238.02 shall be made only if an appropriation for those adjustments
is included in the annual Budget Act.
(c) The Superintendent shall subtract from the amounts computed
pursuant to subdivisions (a) and (b) the sum of the following:
(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of Part 1 of Division 4 of Title 2 of the
Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), less any amount received pursuant
to Section 33401 or 33676 of the Health and Safety Code that is used
for land acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance and that is not an amount
received pursuant to Section 33492.15, or paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(7) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3)
of subdivision (e) of Section 36 of Article XIII of the California
Constitution.
(d) A school district or charter school that has a zero difference
pursuant to paragraph (1) of subdivision (b) in the prior fiscal
year shall receive an entitlement equal to the amount calculated
pursuant to Section 42238.02 in the current fiscal year and future
fiscal years.
(e) Notwithstanding the computations pursuant to subdivisions (b)
to (d), inclusive, and Section 42238.02, commencing with the 2013-14
fiscal year, a school district or charter school shall receive
state-aid funding of no less than the sum of the amounts computed
pursuant to paragraphs (1) to (3), inclusive.
(1) (A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied by
the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05. A school district's
2012-13 revenue limit funding shall exclude amounts computed pursuant
to Article 4 (commencing with Section 42280).
(B) (i) For charter schools, general purpose funding in the
2012-13 fiscal year as computed pursuant to Article 2 (commencing
with Section 47633) of Chapter 6, as that article read on January 1,
2013, and the amount of in-lieu property tax provided to the charter
school in the 2012-13 fiscal year pursuant to Section 47635, as that
section read on January 1, 2013, divided by the 2012-13 average daily
attendance of the charter school computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the charter school computed pursuant
to Section 42238.05.
(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1, as
that section read on January 1, 2013.
(C) The amount computed pursuant to subparagraph (A) shall exclude
funds received pursuant to Section 47633, as that section read on
January 1, 2013.
(D) For school districts, the 2012-13 funding allowance provided
for qualifying necessary small high schools and necessary small
elementary schools pursuant to Article 4 (commencing with Section
42280) and Section 42238.146, as those provisions read on January 1,
2013.
(E) The amount computed pursuant to subparagraphs (A) to (D),
inclusive, shall be reduced by the sum of the amount computed
pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).
(2) (A) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001,
6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and
6360-101-0001, 2012-13 fiscal year funding for the Class Size
Reduction Program pursuant to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4, as it read on January 1, 2013, and
2012-13 fiscal year funding for pupils enrolled in community day
schools who are mandatorily expelled pursuant to subdivision (d) of
Section 48915. Notwithstanding Section 39 of Chapter 38 of the
Statutes of 2012, the entitlement for basic aid school districts
shall include the reduction of 8.92 percent as applied pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of
Chapter 2 of the Statutes of 2012.
(B) The Superintendent shall annually apportion any entitlement
provided to the state special schools from the items specified in
subparagraph (A) to the state special schools in the same amount as
the state special schools received from those items in the 2012-13
fiscal year.
(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school. That quotient shall
be multiplied by the current fiscal year average daily attendance of
the charter school.
(f) (1) For purposes of this section, commencing with the 2013-14
fiscal year and until all school districts and charter schools equal
or exceed their local control funding formula target computed
pursuant to Section 42238.02, as determined by the calculation of a
zero difference pursuant to paragraph (1) of subdivision (b), a newly
operational charter school shall be determined to have a prior year
per average daily attendance funding amount equal to the lesser of:
(A) The prior year funding amount per unit of average daily
attendance for the school district in which the charter school is
physically located. The Superintendent shall calculate the funding
amount per unit of average daily attendance for this purpose by
dividing the total local control funding formula entitlement,
calculated pursuant to subdivisions (a) and (b), received by that
school district in the prior year by prior year funded average daily
attendance of that school district. For purposes of this
subparagraph, a charter school that is physically located in more
than one school district shall use the calculated local control
funding entitlement per unit of average daily attendance of the
school district with the highest prior year funding amount per unit
of average daily attendance.
(B) The charter school's local control funding formula rate
computed pursuant to subdivisions (c) to (i), inclusive, of Section
42238.02.
(2) For charter schools funded pursuant to paragraph (1), the
charter school shall be eligible to receive growth funding pursuant
to subdivision (b) toward meeting the newly operational charter
school's local control funding formula target.
(3) Upon a determination that all school districts and charter
schools equal or exceed the local control funding formula target
computed pursuant to Section 42238.02, as determined by the
calculation of a zero difference pursuant to paragraph (1) of
subdivision (b) for all school districts and charter schools, this
subdivision shall not apply and the charter school shall receive an
allocation equal to the amount calculated under Section 42238.02 in
that fiscal year and future fiscal years.
(g) (1) In each fiscal year the Superintendent shall determine the
percentage of school districts that are apportioned funding pursuant
to this section that is less than the amount computed pursuant to
Section 42238.02 as of the second principal apportionments of the
fiscal year. If the percentage is less than 10 percent, the
Superintendent shall apportion funding to school districts and
charter schools equal to the amount computed pursuant to Section
42238.02 in that fiscal year.
(2) For each fiscal year thereafter, the Superintendent shall
apportion funding to a school district and charter school equal to
the amount computed pursuant to Section 42238.02.
SEC. 36. Section 42283 of the Education Code is amended to read:
42283. (a) For purposes of Sections 42281 and 42282, a "necessary
small school" is an elementary school with an average daily
attendance of less than 97, exclusive of
excluding pupils attending the seventh and eighth grades of a
junior high school, maintained by a school district to which any of
the following conditions apply:
(1) If as many as five pupils residing in the school district and
attending kindergarten and grades 1 to 8, inclusive,
exclusive of excluding pupils attending the
seventh and eighth grades of a junior high school , in the
elementary school with an average daily attendance of less than 97
would be required to travel more than 10 miles one way from a point
on a well-traveled road nearest their home to the nearest other
public elementary school.
(2) If as many as 15 pupils residing in the school district and
attending kindergarten and grades 1 to 8, inclusive,
exclusive of excluding pupils attending the
seventh and eighth grades of a junior high school , in the
elementary school with an average daily attendance of less than 97
would be required to travel more than five miles one way from a point
on a well-traveled road nearest their home to the nearest other
public elementary school.
(3) If topographical or other conditions exist in a school
district which would impose unusual hardships if the number of miles
specified in paragraph (1) or (2) were required to be traveled, or if
during the fiscal year the roads which would be traveled have been
impassable for more than an average of two weeks per year for the
preceding five years, the governing board of the school district may,
on or before April 1, request the Superintendent, in writing, for an
exemption from these requirements or for a reduction in the miles
required. The request shall be accompanied by a statement of the
conditions upon which the request is based, giving the information in
a form required by the Superintendent. The Superintendent shall
cause an investigation to be made, and shall either grant the request
to the extent he or she deems necessary, or deny the request.
(b) For purposes of this section, "other public elementary school"
is a public school, including a charter school, that serves
kindergarten or any of grades 1 to 8, inclusive, exclusive of grades
7 and 8 of a junior high school.
SEC. 37. Section 44212 of the Education Code is amended to read:
44212. (a) (1) The Regents of the University of California, the
Trustees of the California State University, the California
Postsecondary Education Commission, and the Association of
Independent California Colleges and Universities shall each appoint a
representative to serve as member ex officio without vote in
proceedings of the commission.
(2) The Board of Governors of the California Community Colleges
may appoint an alternate representative to serve as an ex officio
member in the absence of the California Postsecondary Education
Commission's representative.
(b) The ex officio members shall not vote in the proceedings of
the commission nor or in any of its
committees or subcommittees, except, by a majority vote of the
commission, ex officio members may be permitted to vote in committees
or subcommittees in order to establish a quorum or as otherwise
determined by majority vote of the
commission.
SEC. 38. Section 44956 of the Education Code is amended to read:
44956. (a) Any permanent
employee whose services have been terminated as provided in Section
44955 shall have the following rights:
(1)
(a) For the period of 39 months from the date
of such the termination, any employee
who in the meantime has not attained the age of 65 years shall have
the preferred right to reappointment, in the order of original
employment as determined by the board in accordance with the
provisions of Sections 44831 to 44855, inclusive, if the
number of employees is increased or the discontinued service is
reestablished, with no requirements that were not imposed upon other
employees who continued in service; provided, that no probationary or
other employee with less seniority shall be employed to render a
service which said that the employee is
certificated and competent to render. However, prior to reappointing
any employee to teach a subject which that
he or she has not previously taught, and for which he or she
does not have a teaching credential or which
that is not within the employee's major area of postsecondary
study or the equivalent thereof, the governing board shall require
the employee to pass a subject matter competency test in the
appropriate subject.
(2)
(b) The aforesaid right to
reappointment described in subdivision (a) may be waived
by the employee, without prejudice, for not more than one school
year, unless the board extends this right, but such
the waiver shall not deprive the employee of his
or her right to subsequent offers of reappointment.
(3)
(c) Notwithstanding paragraph (1)
subdivision (a) , a school district may deviate from
reappointing a certificated employee in order of seniority for either
of the following reasons:
(A)
(1) The district demonstrates a specific need for
personnel to teach a specific course or course of study, or to
provide services authorized by a services credential with a
specialization in either pupil personnel services or health for a
school nurse, and that the employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which that
others with more seniority do not possess.
(B)
(2) For purposes of maintaining or achieving compliance
with constitutional requirements related to equal protection of the
laws.
(4)
(d) As to any such employee who is
reappointed, the period of his or her absence shall be
treated as a leave of absence and shall not be considered as a break
in the continuity of his or her service, he or she
shall retain the classification and order of employment he
or she had when his or her services were
terminated, and credit for prior service under any state or district
retirement system shall not be affected by such termination, but the
period of his or her absence shall not count as a part of
the service required for retirement.
(5)
(e) During the period of his or her
preferred right to reappointment, any such an
employee shall, in the order of original employment, be offered
prior opportunity for substitute service during the absence of any
other employee who has been granted a leave of absence or who is
temporarily absent from duty; provided, that his or her
services may be terminated upon the return to duty of said
the other employee and that said
substitute service shall not affect the retention of his
or her previous classification and rights. If, in any
school year the employee serves as a substitute in any position
requiring certification for any 21 days or more
within a period of 60 schooldays, the compensation the employee
receives for substitute service in that 60-day period, including his
or her first 20 days of substitute service, shall be not less than
the amount the employee would receive if he or she were being
reappointed.
(6)
(f) (1) During the period of the
employee's preferred right to reappointment, the governing board of
the district, if it is also the governing board of one or more other
districts, may assign him or her to service, which he
or she is certificated and competent to render, in
said other another district or districts;
provided, that the compensation he or she receives
therefor may , in the discretion of the governing board
, be the same as he or she would have received
had he or she been serving in the district from which his
or her services were terminated, that his or her
service in the said other district or
districts shall be counted toward the period required for both state
and local retirement , as defined by Section 22102,
as though rendered in the district from which his or
her services were terminated, and that no permanent employee in
said the other district or districts
shall be displaced by him or her .
It
(2) It is the intent of this
subsection subdivision that the
employees of a school district, the governing board of which is also
the governing board of one or more other school districts, shall not
be at a disadvantage as compared with employees of a unified school
district.
(7)
(g) At any time prior to the completion of one year
after his or her return to service, he or she
may continue or make up, with interest, his or her own
contributions to any state or district retirement system, for the
period of his or her absence, but it shall not be
obligatory on state or district to match such
those contributions.
(8)
(h) Should he or she become disabled or
reach retirement age at any time before his or h er
return to service, he or she shall receive, in any
state or district retirement system of which he or she was
a member, all benefits to which he or she would have been
entitled had such event occurred at the time of his or her
termination of service, plus any benefits he or she
may have qualified for thereafter, as though still employed.
SEC. 39. Section 49085 of the Education Code is amended to read:
49085. (a) On or before February 1, 2014, the department and the
State Department of Social Services shall develop and enter into a
memorandum of understanding that shall, at a minimum, require the
State Department of Social Services, at least once per week, to share
with the department both of the following:
(1) Disaggregated information on children and youth in foster care
sufficient for the department to identify pupils in foster care.
(2) Disaggregated data on children and youth in foster care that
is helpful to county offices of education and other local educational
agencies responsible for ensuring that pupils in foster care
received receive appropriate
educational supports and services.
(b) To the extent allowable under federal law, the department
shall regularly identify pupils in foster care and designate those
pupils in the California Longitudinal Pupil Achievement Data System
or any future data system used by the department to collect
disaggregated pupil outcome data.
(c) To the extent allowable under federal law, the Superintendent,
on or before July 1 of each even-numbered year, shall report to the
Legislature and the Governor on the educational outcomes for pupils
in foster care at both the individual schoolsite level and school
district level. The report shall include, but is not limited to, all
of the following:
(1) Individual schoolsite level and school district level
educational outcome data for each local educational agency that
enrolls at least 15 pupils in foster care, each county in which at
least 15 pupils in foster care attend school, and for the entire
state.
(2) The number of pupils in foster care statewide and by each
local educational agency.
(3) The academic achievement of pupils in foster care.
(4) The incidence of suspension and expulsion for pupils in foster
care.
(5) Truancy rates, attendance rates, and dropout rates for pupils
in foster care.
(d) To the extent allowable under federal law, the department, at
least once per week, shall do all of the following:
(1) Inform school districts and charter schools of any pupils
enrolled in those school districts or charter schools who are in
foster care.
(2) Inform county offices of education of any pupils enrolled in
schools in the county who are in foster care.
(3) Provide schools districts, county office of education, and
charter schools disaggregated data helpful to ensuring pupils in
foster care receive appropriate educational supports and services.
(e) For purposes of this section "pupil in foster care" has the
same meaning as "foster youth," as defined in Section 42238.01.
SEC. 40. Section 49557.2 of the Education Code is amended to read:
49557.2. (a) (1) At the option of the school district or county
superintendent, and to the extent necessary to implement Section
14005.41 of the Welfare and Institutions Code, the following
information may be incorporated into the School Lunch Program
application packet or notification of eligibility for the School
Lunch Program using simple and culturally appropriate language:
(A) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or reduced-cost health
coverage.
(B) A request for the applicant's consent for the child to
participate in the Medi-Cal program, if eligible for free school
lunches, and to have the information on the school lunch application
shared with the entity designated by the State Department of Health
Care Services to make an accelerated determination and the local
agency that determines eligibility under the Medi-Cal program.
(C) A notification that the school district will not forward the
school lunch application to the entity designated by the State
Department of Health Care Services to make an accelerated
determination and the local agency that determines eligibility under
the Medi-Cal program, without the consent of the child's parent or
guardian.
(D) A notification that the school lunch application is
confidential and, with the exception of forwarding the information
for use in health program enrollment upon the consent of the child's
parent or guardian, the school district will not share the
information with any other governmental agency, including the federal
Department of Homeland Security and the Social Security
Administration.
(E) A notification that the school lunch application information
will only be used by the entity designated by the State Department of
Health Care Services to make an accelerated determination and the
state and local agencies that administer the Medi-Cal program for
purposes directly related to the administration of the Medi-Cal
program and will not be shared with other government
governmental agencies, including the
federal Department of Homeland Security and the Social Security
Administration for any purpose other than the administration of the
Medi-Cal program.
(F) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
(2) The department, in consultation with school districts, county
superintendents of schools, consumer advocates, counties, the State
Department of Health Care Services, and other stakeholders, shall
make recommendations regarding the School Lunch Program application,
on or before February 1, 2003. The recommendations shall include
specific changes to the School Lunch Program application materials as
necessary to implement Section 14005.41 of the Welfare and
Institutions Code, information for staff as to how to implement the
changes, and a description of the process by which information on the
School Lunch Program application will be shared with the county, as
the local agency that determines eligibility under the Medi-Cal
program.
(3) At the option of the school, the request for consent in
subparagraph (B) of paragraph (1) may be modified so that the parent
or guardian can also consent to allowing Medi-Cal to inform the
school as provided in subdivision (n) of Section 14005.41 of the
Welfare and Institutions Code when followup is needed in order to
complete the Medi-Cal application process.
(b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the entity designated by the State
Department of Health Care Services to make an accelerated
determination and with the local agency that determines eligibility
under the Medi-Cal program, and shall share this information with
those entities, if the applicant consents to that sharing of
information. Schools may designate, only as necessary to implement
this section, non-food service staff to assist in the administration
of free, reduced price, or paid school lunch applications that have
applicant consent, but only if that designation does not displace or
have an adverse effect on food service staff. This information may be
shared electronically, physically, or through whatever method is
determined appropriate.
(2) If a school is aware that a child, who has been found eligible
for free school lunches under the National School Lunch Program, and
for whom the parent or guardian has consented to share the
information provided on the application, already has an active
Medi-Cal or Healthy Families case, the application shall not be
processed for an accelerated determination but shall be forwarded to
the local agency that determines eligibility under the Medi-Cal
program pursuant to Section 14005.41 of the Welfare and Institutions
Code. The school shall notify the parent or guardian of the child's
ineligibility for an accelerated Medi-Cal determination due to the
current eligibility status and that the child's application will be
forwarded to the county pursuant to this section. The notice shall
include a statement, with contact information, advising the parent or
guardian to contact the Medi-Cal or Healthy Families programs
regarding the child's eligibility status.
(3) Each school district or county superintendent that chooses to
share information pursuant to this subdivision shall enter into a
memorandum of understanding with the local agency that determines
eligibility under the Medi-Cal program, that sets forth the roles and
responsibilities of each agency and the process to be used in
sharing the information.
(4) The local agency that determines eligibility under the
Medi-Cal program shall only use information provided by applicants on
the school lunch application for purposes directly related to the
administration of the Medi-Cal program.
(5) After school districts share information regarding the school
lunch application with the entity designated by the State Department
of Health Care Services to make an accelerated determination and the
local agency that determines eligibility under the Medi-Cal program,
for the purpose of determining Medi-Cal program eligibility, the
local agency and the school district shall not share information
about school lunch participation or the Medi-Cal program eligibility
information with each other except as specifically authorized under
subdivision (n) of Section 14005.41 of the Welfare and Institutions
Code and other provisions of law.
(c) Effective July 1, 2005, the notifications and consent
referenced in subdivision (a) and the procedures set out in
subdivision (b) shall include the Healthy Families Program and any
relevant county- and local-sponsored health insurance programs as
necessary to implement Section 14005.41 of the Welfare and
Institutions Code.
(d) Effective January 1, 2014, the notifications referenced in
subdivision (a) shall do all of the following:
(1) Advise the applicant that the applicant may be eligible for
reduced-cost comprehensive health care coverage through the
California Health Benefit Exchange.
(2) Advise that, if the applicant's family income is low, the
applicant may be eligible for no-cost coverage through Medi-Cal.
(3) Provide the applicant with the contact information for the
California Health Benefit Exchange, including its Internet Web site
and telephone number.
(4) Comply with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.) and any other applicable federal
or state disabled access law.
(e) If a school district finds that the child is eligible for
reduced price or paid meals under the National School Lunch Program
and consent was provided as described in subdivision (b), the entity
designated by the State Department of Health Care Services to make an
accelerated determination shall notify the parent or guardian of the
child's ineligibility for an accelerated Medi-Cal determination
pursuant to Section 14005.41 of the Welfare and Institutions Code.
The notification shall include information on other available health
programs for which the child may be eligible.
(f) A school district may also include the notifications in the
notifications at the beginning of the first semester or quarter of
the regular school term required pursuant to Section 48980.
(g) Upon receipt of information provided on the School Lunch
Program application pursuant to this section, for a pupil who is not
already enrolled in a health insurance affordability program, the
county shall treat the School Lunch Program application as an
application for a health insurance affordability program. For
purposes of administration of the Medi-Cal program, the application
date shall be the date that the School Lunch Program application is
received by the county human services department. The county shall
take no further action if it determines that the pupil is already
enrolled in a health insurance affordability program.
SEC. 41. Section 60643 of the Education Code is amended to read:
60643. (a) Notwithstanding any other law, the contractor or
contractors of the achievement tests provided for in Section 60640
shall comply with all of the conditions and requirements of the
contract to the satisfaction of the Superintendent and the state
board.
(b) (1) The department shall develop, and the Superintendent and
the state board shall approve, a contract or contracts to be entered
into with a contractor in connection with the test provided for in
Section 60640. The department may develop the contract through
negotiations. In approving a contract amendment to the contract
authorized pursuant to this section, the department, in consultation
with the state board, may make material amendments to the contract
that do not increase the contract cost. Contract amendments that
increase contract costs may only be made with the approval of the
department, the state board, and the Department of Finance.
(2) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
The department shall use a competitive and open process utilizing
standardized scoring criteria through which to select a potential
administration contractor or contractors for recommendation to the
state board for consideration. The state board shall consider each of
the following criteria:
(A) The ability of the contractor to produce valid and reliable
scores.
(B) The ability of the contractor to report accurate results in a
timely fashion.
(C) Exclusive of the consortium assessments, the ability of the
contractor to ensure technical adequacy of the tests, inclusive of
the alignment between the Measurement of Academic Performance and
Progress (MAPP) tests assessments and
the state-adopted content standards.
(D) The cost of the assessment system.
(E) The ability and proposed procedures to ensure the security and
integrity of the assessment system.
(F) The experience of the contractor in successfully conducting
statewide testing programs in other states.
(3) The contracts shall include provisions for progress payments
to the contractor for work performed or costs incurred in the
performance of the contract. Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that contractor. The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price for that fiscal year.
(4) The contracts shall require liquidated damages to be paid by
the contractor in the amount of up to 10 percent of the total cost of
the contract for any component task that the contractor through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
(5) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
(6) The contractors shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
(7) The contract or contracts subject to approval by the
Superintendent and the state board under paragraph (1) and exempt
under paragraph (2) shall specify the following component tasks, as
applicable, that are separate and distinct:
(A) Development of new tests or test items.
(B) Test materials production or publication.
(C) Delivery or electronic distribution of test materials to local
educational agencies.
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the local educational agencies,
including, but not necessarily limited to, all reports specified in
this section.
(F) Reporting of valid and reliable test results to the
department, including, but not necessarily limited to, the following
electronic files:
(i) Scores aggregated statewide, and by county, school district,
school, and grade.
(ii) Disaggregated scores based on English proficiency status,
gender, ethnicity, socioeconomic disadvantage, foster care status,
and special education designation.
(G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
(H) Technology services to support the activities listed in
subparagraphs (A) to (G), inclusive.
(I) Perform regular performance checks and load simulations to
ensure the integrity and robustness of the technology system used to
support the activities listed in subparagraphs (A) to (G), inclusive.
SEC. 42. Section 60811.4 of the Education Code is amended to read:
60811.4. (a) On or before January 1, 2015, the Superintendent
shall recommend to the state board modifications to the English
language development standards, adopted pursuant to former
Section 60811.3, to link with the academic content standards for
mathematics adopted by the state board pursuant to Sections 60605.8
and 60605.11 and the academic content standards for science adopted
by the state board pursuant to Section 60605.85. If the state board
modifies the English language development standards to link with the
academic content standards for mathematics and science, it shall
explain, in writing, to the Governor and the Legislature the reasons
for the modification. The Superintendent's recommendations and the
state board's actions shall assist schools in the implementation and
application of English language development standards in the
mathematics and science subject areas.
(b) In meeting the requirements of subdivision (a), the
Superintendent, in consultation with the state board, shall convene a
group of experts in English language instruction, curriculum, and
assessment, including individuals who have a minimum of three years
of demonstrated experience instructing English learners in the
classroom at the elementary or secondary level. The experts shall
review the mathematics and science academic content standards to
identify those standards that correspond to the English language
development standards. The Superintendent shall ensure that members
of the group include, but are not necessarily limited to, individuals
who are schoolsite principals, school district or county office of
education administrators overseeing programs and support for English
learners, personnel of teacher training schools at institutions of
higher education, and curriculum and instructional specialists with
English learner experience. At least a majority of the members of the
group of experts shall be currently employed public schoolteachers.
(c) Before completing the requirements of subdivision (a), the
Superintendent shall hold a minimum of two public meetings pursuant
to the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) in order for the public to provide input regarding
any modifications recommended pursuant to this section.
(d) (1) On or before August 1, 2015, the state board shall adopt
or reject the Superintendent's recommendations for the English
language development standards adopted pursuant to former
Section 60811.3 to correspond with the state board-approved academic
content standards for mathematics adopted pursuant to Sections
60605.8 and 60605.11 and the state board-approved academic content
standards for science approved adopted
pursuant to Section 60605.85.
(2) The state board shall ensure that any modifications to the
English language development standards adopted by the state board
pursuant to this section are incorporated into the appropriate
mathematics and science curriculum frameworks.
(e) This section shall not be implemented unless funds are
appropriated by the Legislature in the annual Budget Act or another
statute for its purposes.
(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. 43. Section 66746 of the Education Code is amended to read:
66746. (a) Commencing with
the fall term of the 2011-12 academic year, a student who earns an
associate degree for transfer granted pursuant to subdivision (b)
shall be deemed eligible for transfer into a California State
University baccalaureate program when the student meets both of the
following requirements:
(1) Completion of 60 semester units or 90 quarter units that are
eligible for transfer to the California State University, including
both of the following:
(A) The Intersegmental General Education Transfer Curriculum
(IGETC) or the California State University General Education-Breadth
Requirements.
(B) A minimum of 18 semester units or 27 quarter units in a major
or area of emphasis, as determined by the community college district
and meeting the requirements of an approved transfer model
curriculum.
(2) Obtainment of a minimum grade point average of 2.0.
(b) (1) (A) As a condition of receipt of state apportionment
funds, a community college district shall develop and grant associate
degrees for transfer that meet the requirements of subdivision (a).
A community college district shall not impose any requirements in
addition to the requirements of this section, including any local
college or district requirements, for a student to be eligible for
the associate degree for transfer and subsequent admission to the
California State University pursuant to Section 66747.
(B) Before the commencement of the 2015-16 academic year, a
community college shall create an associate degree for transfer in
the major and area of emphasis offered by that college for any
approved transfer model curriculum finalized prior to the
commencement of the 2013-14 academic year.
(C) A community college shall create an associate degree for
transfer in every major and area of emphasis offered by that college
for any approved transfer model curriculum approved subsequent to the
commencement of the 2013-14 academic year within 18 months of the
approval of the transfer model curriculum.
(D) Before the commencement of the 2015-16 academic year, there
shall be the development of at least two transfer model
curriculum curricula in areas of emphasis and,
before the commencement of the 2016-17 academic year, there shall be
the development of at least two additional transfer model
curriculum curricula in areas of emphasis.
(2) The condition of receipt of state apportionment funding
contained in paragraph (1) shall become inoperative if, by December
31, 2010, each of the state's 72 community college districts has
submitted to the Chancellor of the California Community Colleges, for
transmission to the Director of Finance, signed certification
waiving, as a local agency request within the meaning of paragraph
(1) of subdivision (a) of Section 6 of Article XIII B of the
California Constitution, any claim of reimbursement related to the
implementation of this article.
(c) A community college district is encouraged to consider the
local articulation agreements and other work between the respective
faculties from the affected community college and California State
University campuses in implementing the requirements of this section.
(d) Community colleges are encouraged to facilitate the acceptance
of credits earned at other community colleges toward the associate
degree for transfer pursuant to this section.
(e) This section shall not preclude enrollment in nontransferable
student success courses or preclude students who are assessed below
collegiate level from acquiring remedial noncollegiate level
coursework in preparation for obtaining the associate degree.
Remedial noncollegiate level coursework and nontransferable student
success courses shall not be counted as part of the transferable
units required pursuant to paragraph (1) of subdivision (a).
SEC. 44. Section 66762.5 of the Education Code is amended to read:
66762.5. A matriculated CSU student shall have priority access to
online courses provided at his or her home campus. A CSU student who
meets the requirements of subdivision (a) of Section 66761, and
seeks to enroll in courses provided entirely online by another CSU
campus, shall be able to enroll, provided that cross-enrollment
students generally have an opportunity to enroll in these online
courses at any time after the priority enrollment period for
continuing students, as determined by each host campus. The
host campus enrollment policy of the host campus
shall, to the extent possible, encourage cross-enrollment as
provided for in this chapter.
SEC. 45. Section 78230 of the Education Code is amended to read:
78230. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Eligible community college campus" means one of the following
campuses:
(A) College of the Canyons.
(B) Crafton Hills College.
(C) Long Beach City College.
(D) Oxnard College.
(E) Pasadena City College.
(F) Solano Community College.
(2) "Eligible community college district" means a community
college district with an eligible community college campus.
(b) (1) The Office of the Chancellor of the California Community
Colleges shall establish a voluntary pilot program through which an
eligible community college campus may establish and maintain
extension programs offering credit courses during summer and winter
intersessions. The governing board of an eligible community college
district may request to participate in the pilot program.
(2) It is the intent of the Legislature that at least one
participating campus should begin implementation of the pilot program
by January 2014, and that an additional five campuses should
implement the pilot program by July 1, 2014.
(c) An extension program established pursuant to this section
shall have all of following characteristics:
(1) The program shall be self-supporting and all costs associated
with the program shall be recovered.
(2) Enrollment in the pilot program shall not be reported for
state apportionment funding, but program enrollment shall be open to
the public pursuant to Section 51006 of Title 5 of the California
Code of Regulations.
(3) The program shall be developed in conformance with this code
and Division 6 (commencing with Section 50001) of Title 5 of the
California Code of Regulations related to community college credit
courses.
(4) The program shall be subject to community college district
collective bargaining agreements.
(5) The program shall apply to all courses leading to
certificates, degrees, or transfer preparation.
(d) (1) To participate in the pilot program, an eligible community
college district shall satisfy all of the following criteria:
(A) The district shall have served a number of students equal to,
or beyond, its funding limit for the two immediately prior academic
years, as provided in the annual Budget Act and as reported by the
Office of the Chancellor of the California Community Colleges.
(B) The district shall not have received a stability adjustment to
state apportionment funding pursuant to Section 58776 of Title 5 of
the California Code of Regulations in the prior two years.
(C) All courses offered for credit that receive state
apportionment funding shall meet basic skills, transfer, or workforce
development objectives.
(D) The district shall prioritize enrollment of students in
courses offered that receive state apportionment funding in
conformance with the legal authority of the governing board of the
community college district, Section 66025.8 of this code, and Section
58108 of Title 5 of the California Code of Regulations, by promoting
policies that prioritize enrollment in courses that receive state
apportionment funding of students who are fully matriculated, as
defined in Section 78212, and making satisfactory progress toward a
basic skills, transfer, or workforce development goal.
(E) The district shall prioritize enrollment in the extension
program courses as follows:
(i) First priority shall be given to current community college
students who are eligible for resident tuition.
(ii) Second priority shall be given to students who are eligible
for resident tuition.
(F) (i) The district shall limit the enrollment of students funded
by the state in activity courses, as defined in Section 55041 of
Title 5 of the California Code of Regulations. An applicant district
shall not claim state apportionment funding for students who repeat
either credit courses or noncredit physical education, or visual or
performance arts courses that are part of the same sequence of
courses, unless the student is doing so to meet degree or other local
community college district requirements and is in compliance with
Section 55041 of Title 5 of the California Code of Regulations.
(ii) This subparagraph does not apply to disabled students taking
adaptive activity courses, students participating in intercollegiate
athletics, or students with an approved educational plan majoring in
physical education or the performing arts.
(2) The Office of the Chancellor of the California Community
Colleges, to the extent feasible, shall determine whether an eligible
community college district meets the criteria outlined in paragraph
(1) prior to its participation in the pilot program.
(e) For a student who is not categorically exempt from
nonresident tuition, the community college district shall charge all
statutorily authorized fees applicable to nonresident students,
including, but not limited to, fees authorized pursuant to Section
76141 or 76142, for his or her enrollment in courses offered pursuant
to the pilot program.
(f) The governing board of an eligible community college district
shall not expend General Fund moneys to establish and maintain the
extension program.
(g) An extension credit course shall not supplant any course
funded with state apportionments and shall not be offered at times or
in locations that supplant or limit the offering of programs that
receive state funding or in conjunction with courses that receive
state apportionment funding. An eligible community college district
shall not reduce a state-funded course section needed by students to
achieve basic skills, workforce training, or transfer goals, with the
intent of reestablishing those course sections as part of the
extension program. The governing board of an eligible community
college district shall annually certify compliance with this
subdivision by board action taken at a regular session of the board.
(h) A degree credit course offered as an extension course shall
meet all of the requirements of subdivision (a) of Section 55002 of
Title 5 of the California Code of Regulations, as it exists on
January 1, 2013.
(i) The governing board of an eligible community college district
may charge students enrolled in an extension course a fee that
covers the actual cost of the course and that is based upon the
district's nonresident fee rate for the year the course is offered.
For purposes of this subdivision, "actual cost" includes the actual
cost of instruction, necessary equipment and supplies, student
services and institutional support, and other costs of the community
college district used in calculating the costs of education for
nonresident students, including the administrative costs incurred by
the Office of the Chancellor of the California Community Colleges in
providing oversight of the pilot program.
(j) In order to assist in providing access to extension courses
for students eligible for the Board of Governors fee waiver,
one-third of the revenue collected pursuant to subdivision (i) shall
be used by the district to provide financial assistance to these
students. In addition to the one-third of the revenues collected, a
participating district shall supplement financial assistance with
funds from campus foundations or any other nonstate funds.
(1) Each participating community college district shall develop a
plan for collecting and dispursing disbursing
financial assistance provided pursuant to this subdivision.
(2) Participating districts shall include a description of the
financial assistance plan in their annual reports to the Office of
the Chancellor of the California Community Colleges in accordance
with subdivision (n). Participating districts shall report, at a
minimum, all of the following:
(A) The number and percentage of participating students who are
receiving financial assistance.
(B) The criteria used for determining eligibility for, and
prioritizing awards of, financial assistance for students.
(C) Methods for communicating financial assistance information to
students.
(D) Total amount of financial aid disbursed and the sources of the
aid.
(E) Information on the proportion of students whose extension
program fees are subsidized with financial assistance, the percentage
of total fees that is paid by financial assistance for individual
students, with this information aggregated in ways that assist in
evaluating the consequence and equity of the financial assistance
program, and the sources of the financial assistance.
(k) A community college district maintaining an extension program
under this section shall make every effort to encourage broad
participation in the program and support access for students eligible
for Board of Governors fee waivers, including, but not limited to,
providing students with information about financial aid programs, the
American Opportunity Tax Credit, military benefits, scholarships,
and other financial assistance that may be available to students, as
well as working with campus foundations to provide financial
assistance for students attending extension programs. In addition,
the district shall adopt enrollment priority and student support
policies ensuring that students who are eligible for state financial
aid are not disproportionately shifted from courses that receive
state apportionment funding to courses offered under the pilot
program.
(l) (1) Each eligible community college district participating in
the pilot program shall do both of the following:
(A) Collect and keep records that measure student participation,
student demographics, and student outcomes in a manner consistent
with records collected by community college districts in regular
credit programs supported through state apportionments, including an
analysis of program effects, if any, on district workload and
district financial status. A community college district shall submit
this information to the Office of the Chancellor of the California
Community Colleges by October 1 of each year.
(B) Submit a schedule of fees established pursuant to subdivision
(i) to the Chancellor of the California Community Colleges by August
1 of each year.
(2) The chancellor shall submit all of the information provided by
community college districts pursuant to paragraph (1) to the
Legislative Analyst's Office by November 1 of each year.
(3) (A) No later than January 1, 2017, the Legislative Analyst's
Office shall, pursuant to Section 9795 of the Government Code,
provide to the Legislature a written report that evaluates the pilot
program established by this article.
(B) The report shall include all of the following:
(i) Summary statistics relating to course offerings, student
enrollment, including demographic data on the students enrolled in
courses, if available, financing, student use of financial aid,
funding, and course completion rates for the pilot program.
(ii) A determination of the extent to which the pilot program
complies with statutory requirements and the extent to which the
pilot program results in expanded access for students.
(iii) An assessment of the effect of the pilot program on the
availability of, and enrollment in, courses that receive state
apportionment funding, with particular attention to the demographic
makeup and financial aid status of students enrolled in those
courses.
(iv) Recommendations as to whether the pilot program should be
extended, expanded, or modified. In making recommendations, the
Legislative Analyst's Office shall consider alternative approaches
that might achieve the goal of expanded access without increasing
state funding.
(m) Courses offered by the extension program established and
maintained under this section may only be offered during summer and
winter intersessions.
(n) (1) No later than March 31, 2014, the Board of Governors of
the California Community Colleges shall adopt reporting requirements
for the pilot program that conform with the requirements of Article 2
(commencing with Section 84030) of Chapter 1 of Part 50, and the
information reported shall be included in the annual audit process.
(2) An eligible community college district that fails to comply
with the requirements established by the Board of Governors of the
California Community Colleges for the pilot program pursuant to
paragraph (1) or no longer meets the criteria set forth in
subdivision (d) shall be ineligible for participation in the pilot
program.
SEC. 46. Section 92493 of the Education Code is amended to read:
92493. (a) The University of California may pledge, along with
its other revenues, its annual General Fund support appropriation
, less the amount of that appropriation that is required
to fund general obligation bond payments and the State Public Works
Board rental payments, to secure the payment of any of the university'
s general revenue bonds or commercial paper associated with the
general revenue bond program. To the extent the university pledges
any part of its support appropriation as a source of revenue securing
any obligation, it shall provide that this commitment of revenue is
subject to annual appropriation by the Legislature. The university
may fund debt service for capital expenditures defined in subdivision
(b) from its General Fund support appropriation pursuant to Sections
92495 and 92495.5. The state hereby covenants with the holders of
the university's obligations secured by the pledge of the university
permitted by this section that, so long as any of the obligations
referred to in this subdivision remain outstanding, the state will
not impair or restrict the ability of the university to pledge any
support appropriation or support appropriations that may be enacted
for the university. The university may include this covenant of the
state in the agreements or other documents underlying the university'
s obligations to this effect.
(b) For purposes of this section, "capital expenditures" shall
mean (1) the costs to design, construct, or equip academic facilities
to address seismic and life safety needs, enrollment growth, or
modernization of out-of-date facilities, and renewal or expansion of
infrastructure to serve academic programs, or (2) the debt service
amount associated with refunding, defeasing, or retiring State Public
Works Board lease revenue bonds.
(c) Nothing in this section shall require the Legislature to make
an appropriation from the General Fund in any specific amount to
support the University of California.
(d) The ability to utilize its support appropriation as stated in
this section shall not be used as a justification for future
increases in student tuition, additional employee layoffs, or
reductions in employee compensation at the University of California.
SEC. 47. Section 99301 of the Education Code is amended to read:
99301. (a) Notwithstanding subdivision (a) of Section 78213, the
individual grade 11 assessment results, as referenced in Section
60641, or a standards-aligned successor assessment, in addition to
any other purposes, may be used by community college districts to
provide diagnostic advice to, or for the placement of, prospective
community college students participating in the EAP.
(b) (1) As authorized pursuant to subparagraph (B) of paragraph
(3) of subdivision (a) of Section 60641, the individual assessment
results, as referenced in Section 60641, or a standards-aligned
successor assessment, shall be provided to the office of the
Chancellor of the California Community Colleges.
(2) The office of the Chancellor of the California Community
Colleges shall coordinate with community college districts that
choose to voluntarily participate in the EAP as follows, and, to the
extent possible, shall accomplish all of the following activities
using existing resources:
(A) Encourage community college districts to choose to voluntarily
participate in the EAP and notify them of the requirements of
subdivision (c), including the requirements that the standards
utilized by CSU to assess readiness for college-level English and
mathematics courses, as expressed in the assessment referenced in
Section 60641, or a standards-aligned successor assessment, shall
also be used for the purposes of the EAP.
(B) Coordinate the progress of the program, provide technical
assistance to participating community college districts pursuant to
subdivision (c) as needed, identify additional reporting and program
criteria as needed, and provide a report to the Legislature and
Governor on or before February 15, 2015, on the implementation and
results of the EAP for community college students.
(C) Provide access to the individual assessment results, as
referenced in Section 60641, or a standards-aligned successor
assessment, to participating community college districts.
(c) For those community college districts that choose to work
directly with high school pupils within their respective district
boundaries who took the assessment, as referenced in Section 60641,
or a standards-aligned successor assessment, and choose to offer
assistance to these pupils in strengthening their college readiness
skills, all of the following provisions apply:
(1) The individual results of the assessment, as referenced in
Section 60641, or a standards-aligned successor assessment, shall be
released by the office of the Chancellor of the California Community
Colleges, as authorized pursuant to subparagraph (B) of paragraph (3)
of subdivision (a) of Section 60641, to participating community
college districts upon their request for this information and may be
used to provide diagnostic advice to prospective community college
students participating in the EAP.
(2) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the same standards utilized by CSU to assess readiness shall
also be used for purposes of this section.
(3) The assessment, as referenced in Section 60641, and utilized
by CSU for purposes of early assessment, or a standards-aligned
successor assessment, shall be used to assess the college readiness
of pupils in the EAP.
(4) Participating community college districts are encouraged to
consult with the Academic Senate for the California Community
Colleges to work toward sequencing their precollegiate level courses
and transfer-level courses in English and mathematics to the common
core academic content standards adopted pursuant to Section 60605.8.
(5) Participating community college districts shall identify an
EAP coordinator and shall coordinate with CSU campuses and schools
offering instruction in kindergarten and any of grades 1 to 12,
inclusive, in their respective district boundaries on EAP-related
activities that assist pupils in making decisions that increase their
college readiness skills and likelihood of pursuing a postsecondary
education.
(6) In order to provide high school pupils with an indicator of
their college readiness, a community college district participating
in the EAP shall use individual assessment results provided to that
college pursuant to paragraph (1) of, and subparagraph (C) of
paragraph (2) of, subdivision (b) to provide diagnostic advice to
prospective community college students participating in the EAP.
(7) The individual results of the assessment, as referenced in
Section 60641 for purposes of the EAP, or a standards-aligned
successor assessment, shall not be used by a community college as a
criterion for admission.
(8) Participating community college districts shall utilize the
existing infrastructure of academic opportunities, as developed by
CSU, to provide additional preparation in grade 12 for prospective
community college students participating in the EAP.
(d) Both of the following provisions apply to CSU:
(1) The individual results of the assessment, as referenced in
Section 60641, or a standards-aligned successor assessment, as
authorized pursuant to subparagraph (B) of paragraph (3) of
subdivision (a) of Section 60641, shall be released to, and ,
in addition to any other purposes, may be used by, CSU to
provide diagnostic advice to, or for , the
placement of , prospective CSU students participating in
the EAP.
(2) The individual results of the assessment, as referenced in
Section 60641 for purposes of the EAP, or a standards-aligned
successor assessment, shall not be used by CSU as a criterion for
admission.
SEC. 48. Section 2187 of the Elections Code is amended to read:
2187. (a) Each county elections official shall send to the
Secretary of State, in a format described by the Secretary of State,
a summary statement of the number of voters in the county. The
statement shall show the total number of voters in the county, the
number registered as affiliated with each qualified political party,
the number registered in nonqualified parties, and the number who
declined to state any party affiliation. The statement shall also
show the number of voters, by political affiliations, in each city,
supervisorial district, Assembly district, Senate district, and
congressional district located in whole or in part within the county.
(b) The Secretary of State, on the basis of the statements sent by
the county elections officials and within 30 days after receiving
those statements, shall compile a statewide list showing the number
of voters, by party affiliations, in the state and in each county,
city, supervisorial district, Assembly district, Senate district, and
congressional district in the state. A copy of this list shall be
made available, upon request, to any elector in this state.
(c) Each county that uses data-processing equipment to store the
information set forth in the affidavit of registration shall send to
the Secretary of State one copy of the electronic data file with the
information requested by the Secretary of State. Each county that
does not use data-processing storage shall send to the Secretary of
State one copy of the index setting forth that information.
(d) The summary statements and the electronic data file copy or
the index shall be sent at the following times:
(1) On the 135th
day before each presidential primary and before each direct primary,
with respect to voters registered on the 154th day before the primary
election.
(2) Not less than 50 days prior to the primary election, with
respect to voters registered on the 60th day before the primary
election.
(3) Not less than seven days prior to the primary election, with
respect to voters registered before the 14th day prior to the primary
election.
(4) Not less than 102 days prior to each presidential general
election, with respect to voters registered before the 123rd day
before the presidential general election.
(5) Not less than 50 days prior to the general election, with
respect to voters registered on the 60th day before the general
election.
(6) Not less than seven days prior to the general election, with
respect to voters registered before the 14th day prior to the general
election.
(7) On or before March 1 of each odd-numbered year, with respect
to voters registered as of February 10.
(e) The Secretary of State may adopt regulations prescribing the
content and format of the electronic data file or index referred to
in subdivision (c) and containing that
contains the registered voter information from the affidavits
of registration.
(f) The Secretary of State may adopt regulations prescribing
additional regular reporting times, except that the total number of
reporting times in any one calendar year shall not exceed 12.
(g) The Secretary of State shall make the information from the
electronic data files or the printed indexes available, under
conditions prescribed by the Secretary of State, to any candidate for
federal, state, or local office, to any committee for or against any
proposed ballot measure, to any committee for or against any
initiative or referendum measure for which legal publication is made,
and to any person for election, scholarly or political research, or
governmental purposes as determined by the Secretary of State.
(h) For purposes of this section, "electronic data file" means
either a magnetic tape or a data file in an alternative electronic
format, at the discretion of the county elections official.
SEC. 49. Section 3007.8 of the Elections Code is amended to read:
3007.8. (a) A local elections official may offer a voter the
ability to apply for a vote by mail voter's ballot by telephone.
(b) To apply by telephone, the applicant shall provide to the
elections official personal identifying information that matches the
information contained on the applicant's affidavit of registration,
including first and last name, home address, and date of birth. The
applicant's signature shall not be required.
(c) A person shall not apply for a vote by mail voter's ballot
pursuant to this section using the name of, or on behalf of, another
person.
(d) Prior to being asked for personal identifying information, an
applicant applying for a vote by mail voter's ballot pursuant to this
section shall be advised as follows:
"Only the registered voter himself or herself may apply for a vote
by mail ballot. An application for a vote by mail ballot that is
made by any person other than the registered voter is a criminal
offense."
(e) Except as otherwise provided in this section, all provisions
of this code governing written applications for vote by mail
voter's voters ' ballots shall apply
to applications made by telephone.
SEC. 50. Section 5001 of the Elections Code is amended to read:
5001. Whenever a group of electors desires to qualify a new
political party meeting the requirements of Section 5100 or 5151,
that group shall form a political body by:
(a) Holding a caucus or convention at which temporary officers
shall be elected and a party name designated. The designated name
shall not be so similar to the name of an existing party so as to
mislead the voters, and shall not conflict with that of any existing
party or political body that has previously filed notice pursuant to
subdivision (b).
(b) Filing formal notice with the Secretary of State that the
political body has organized, elected temporary officers, and
declared an intent to qualify a political party pursuant to either
Section 5100 or Section 5151, but not both. The
notice shall include the names and addresses of the temporary
officers of the political body.
SEC. 51. Section 19284 of the Elections Code is amended to read:
19284. (a) A person, corporation, or public agency owning or
having an interest in the sale or acquisition of a ballot marking
system or a part of a ballot marking system may apply to the
Secretary of State for certification or conditional approval that
includes testing and examination of the applicant's system and a
report on the findings, which shall include the accuracy and
efficiency of the ballot marking system. As part of its application,
the applicant of a ballot marking system or a part of a ballot
marking system shall notify the Secretary of State in writing of any
known defect, fault, or failure of the version of the hardware,
software, or firmware of the ballot marking system or a part of the
ballot marking system submitted. The Secretary of State shall not
begin his or her certification process until he or she receives a
completed application from the applicant of the ballot marking system
or a part of the ballot marking system. The applicant shall also
notify the Secretary of State in writing of any defect, fault, or
failure of the version of the hardware, software, or firmware of the
ballot marking system or a part of the ballot marking system
submitted that is discovered after the application is submitted and
before the Secretary of State submits the report required by Section
19288. The Secretary of State shall complete his or her examination
without undue delay.
(b) After receiving an applicant's written notification of a
defect, fault, or failure, the Secretary of State shall notify the
United States Election Assistance Commission or its successor
entity agency of the problem as soon as
practicable so as to present a reasonably complete description of
the problem. The Secretary of State shall subsequently submit a
report regarding the problem to the United States Election Assistance
Commission or its successor entity agency
. The report shall include any report regarding the problem
submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1) "Defect" means any flaw in the hardware or documentation of a
ballot marking system that could result in a state of unfitness for
use or nonconformance to the manufacturer's specifications or
applicable law.
(2) "Failure" means a discrepancy between the external results of
the operation of any software or firmware in a ballot marking system
and the manufacturer's product requirements for that software or
firmware or applicable law.
(3) "Fault" means a step, process, or data definition in any
software or firmware in a ballot marking system that is incorrect
under the manufacturer's program specification or applicable law.
SEC. 52. Section 19290 of the Elections Code is amended to read:
19290. (a) If a ballot marking system has been certified or
conditionally approved by the Secretary of State, the vendor or, in
cases where the system is publicly owned, the jurisdiction shall
notify the Secretary of State and all local elections officials who
use the system in writing of any defect, fault, or failure of the
hardware, software, or firmware of the system or a part of the system
within 30 calendar days after the vendor or jurisdiction learns of
the defect, fault, or failure.
(b) After receiving written notification of a defect, fault, or
failure pursuant to subdivision (a), the Secretary of State shall
notify the United States Election Assistance Commission or its
successor entity agency of the problem
as soon as practicable so as to present a reasonably complete
description of the problem. The Secretary of State shall subsequently
submit a report regarding the problem to the United States Election
Assistance Commission or its successor entity
agency . The report shall include any report regarding the
problem submitted to the Secretary of State.
SEC. 53. Section 914 of the Family Code is amended to read:
914. (a) Notwithstanding Section 913, a married person is
personally liable for the following debts incurred by the person's
spouse during marriage:
(1) A debt incurred for necessaries of life of the person's spouse
while the spouses are living together.
(2) Except as provided in Section 4302, a debt incurred for common
necessaries of life of the person's spouse while the spouses are
living separately.
(b) The separate property of a married person may be applied to
the satisfaction of a debt for which the person is personally liable
pursuant to this section. If separate property is so applied at a
time when nonexempt property in the community estate or separate
property of the person's spouse is available but is not applied to
the satisfaction of the debt, the married person is entitled to
reimbursement to the extent such property was available.
(c) (1) Except as provided in paragraph (2), the statute of
limitations set forth in Section 366.2 of the Code of Civil Procedure
shall apply if the spouse for whom the married person is personally
liable dies . dies.
(2) If the surviving spouse had actual knowledge of the debt prior
to expiration of the period set forth in Section 366.2 of the
Code of Civil Procedure and the personal
representative of the deceased spouse's estate failed to provide the
creditor asserting the claim under this section with a timely written
notice of the probate administration of the estate in the manner
provided for pursuant to Section 9050 of the Probate Code, the
statute of limitations set forth in Section 337 or 339 of the
Code of Civil Procedure , as applicable, shall apply.
SEC. 54. Section 6383 of the Family Code, as amended by Section 2
of Chapter 263 of the Statutes of 2013, is amended to read:
6383. (a) A temporary restraining order or emergency protective
order issued under this part shall, on request of the petitioner, be
served on the respondent, whether or not the respondent has been
taken into custody, by a law enforcement officer who is present at
the scene of reported domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce an endorsed copy
of the order, a law enforcement officer shall immediately inquire of
the Department of Justice Domestic Violence
Restraining Order System to verify the existence of the order.
(e) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained and the officer shall, at that
time, also enforce the order. The law enforcement officer's verbal
notice of the terms of the order shall constitute service of the
order and is sufficient notice for the purposes of this section and
for the purposes of Sections 273.6 and 29825 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) (1) There shall be no civil liability on the part of, and no
cause of action for , false arrest or false
imprisonment against , a peace officer who makes an arrest
pursuant to a protective or restraining order that is regular upon
its face, if the peace officer, in making the arrest, acts in good
faith and has reasonable cause to believe that the person against
whom the order is issued has notice of the order and has committed an
act in violation of the order.
(2) If there is more than one order issued and one of the orders
is an emergency protective order that has precedence in enforcement
pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the
Penal Code, the peace officer shall enforce the emergency protective
order. If there is more than one order issued, none of the orders
issued is an emergency protective order that has precedence in
enforcement, and one of the orders issued is a no-contact order, as
described in Section 6320, the peace officer shall enforce the
no-contact order. If there is more than one civil order regarding the
same parties and neither an emergency protective order that has
precedence in enforcement nor a no-contact order has been issued, the
peace officer shall enforce the order that was issued last. If there
are both civil and criminal orders regarding the same parties and
neither an emergency protective order that has precedence in
enforcement nor a no-contact order has been issued, the peace officer
shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity that may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
SEC. 55. Section 8730 of the Family Code is amended to read:
8730. (a) Subject to the requirements of subdivision (b), the
department, county adoption agency, or licensed adoption agency
has the discretion to may provide an
abbreviated home study assessment for any of the following:
(1) A licensed or certified foster parent with whom the child has
lived for a minimum of six months.
(2) An approved relative caregiver or nonrelated extended family
member with whom the child has had an ongoing and significant
relationship.
(3) A court-appointed relative guardian of the child who has been
investigated and approved pursuant to the guardianship investigation
process and has had physical custody of the child for at least one
year.
(4) A prospective adoptive parent who has completed an
agency-supervised adoption within the last two years.
(b) Unless otherwise ordered by a court with jurisdiction over the
child, home study assessments completed pursuant to subdivision (a)
shall include, at minimum, all of the following:
(1) A criminal records check, as required by all applicable state
and federal statutes and regulations.
(2) A determination that the applicant has sufficient financial
stability to support the child and ensure that any
an adoption assistance program payment or other
government assistance to which the child is entitled is used
exclusively to meet the child's needs. In making this determination,
the experience of the applicant only while the child was in his or
her care shall be considered. For purposes of this section, the
applicant shall be required to provide verification of employment
records or income or both.
(3) A determination that the applicant has not abused or neglected
the child while the child has been in his or her care and has
fostered the healthy growth and development of the child. This
determination shall include a review of the disciplinary practices of
the applicant to ensure that the practices are age appropriate and
do not physically or emotionally endanger the child.
(4) A determination that the applicant is not likely to abuse or
neglect the child in the future , and
that the applicant can protect the child, ensure necessary care and
supervision, and foster the child's healthy growth and development.
(5) A determination that the applicant can address issues
that may affect the child's well-being, including, but not
limited to, the child's physical health, mental health,
and educational needs.
(6) An interview with the applicant, an interview with each
individual residing in the home, and an interview with the child to
be adopted.
(7) A review by the department, county adoption agency, or
licensed adoption agency of all previous guardianship investigation
reports, home study assessments, and preplacement evaluations of each
applicant. Notwithstanding any other law regarding the confidential
nature of these reports, upon the written request of the department,
county adoption agency, or licensed adoption agency that is
accompanied by a signed release from the applicant, the department,
county adoption agency, or licensed adoption agency may receive a
copy of any of these reports from a court, investigating agency, or
other person or entity in possession of the report. The department,
county adoption agency, or licensed adoption agency shall document
any attempts to obtain the report and, if
applicable, the reason the report is unavailable.
(c) The department may promulgate regulations as necessary or
appropriate to implement this section.
(d) This section does not apply to independent adoptions filed
pursuant to Chapter 3 (commencing with Section 8800).
SEC. 56. Section 8664.2 of the Fish and Game Code is repealed.
8664.2. (a) Notwithstanding Sections 8693 and 8724, gill nets and
trammel nets shall not be used offshore of San Nicolas Island in
Ventura County in waters 20 fathoms or less in depth at mean lower
low water.
(b) No person, except state, local, or federal employees in the
performance of their official duties, shall discharge any firearm
within the sea otter translocation zone surrounding San Nicolas
Island.
(c) For purposes of this section, "sea otter translocation zone"
includes San Nicolas Island, the nearby islet of Begg Rock, and
surrounding waters within the following coordinates:
(North Latitude/West Longitude)
33b0 27.869/119b034.369
33b0 20.569/119b015.569
33b0 13.569/119b011.869
33b0 06.569/119b015.369
33b0 02.869/119b026.869
33b0 08.869/119b046.369
33b0 17.269/119b056.969
33b0 30.969/119b054.269
(d) The taking of a sea otter that is incidental to, and not for
the purpose of, the carrying out of an otherwise lawful activity
within the sea otter management zone described in subdivision (e), is
not a violation of the California Endangered Species Act, Chapter
1.5 (commencing with Section 2050) of Division 3, or Section 4700.
(e) For purposes of this section, "sea otter management zone"
includes all waters, islands, islets, and land areas seaward of mean
high tide subject to the jurisdiction of the United States, including
state tidelands, located south of Point Conception (34
26.9´ N. Latitude), excepting therefrom any area within the
sea otter translocation zone described in subdivision (c).
(f) This section shall become operative only upon the relocation
and release of sea otters to San Nicolas Island. This section shall
become inoperative if the sea otter translocation experiment is
declared a failure pursuant to the provisions of Public Law 99-625.
SEC. 57. Section 12002 of the Fish and Game Code is amended to
read:
12002. (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or by both that fine and imprisonment.
(b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
(1) Section 1059.
(2) Subdivision (d) (c) of Section
4004.
(3) Section 4600.
(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
(5) A first violation of Section 8670.
(6) Section 10500.
(7) Unless a greater punishment is otherwise provided, a violation
subject to subdivision (a) of Section 12003.1.
(c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a
fine of not more than five thousand dollars ($5,000), imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment.
(d) (1) A license, tag, stamp, reservation, permit, or other
entitlement or privilege issued pursuant to this code to a defendant
who fails to appear at a court hearing for a violation of this code,
or who fails to pay a fine imposed pursuant to this code, shall be
immediately suspended or revoked. The license, tag, stamp,
reservation, permit, or other entitlement or privilege shall not be
reinstated or renewed, and no other license, tag, stamp, reservation,
permit, or other entitlement or privilege shall be issued to that
person pursuant to this code, until the court proceeding is completed
or the fine is paid.
(2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 5650, 5653.9, 6454, 6650, or 6653.5.
SEC. 58. Section 24001 of the Food and Agricultural Code is
amended to read:
24001. For purposes of this chapter:
(a) "Event" means a public equine event or public horse sale that
is held in the state, including a cutting horse competition, an
endurance riding competition, a competitive trail competition, or any
other competition as determined by the department by regulation.
(b) An equine event that is subject to the provisions of
this chapter shall meet all of the following criteria:
(1) Money, goods, or services are exchanged for the right to
compete.
(2) Individuals compete for a single set of placings, points, or
awards at the equine event.
(3) For one-day events, the entry fee to enter a single class
exceeds four dollars and ninety-nine cents ($4.99), and either no
other fees are charged or other fees charged exceed nineteen dollars
and ninety-nine cents ($19.99). Fees charged may include ground fees,
stall fees, or any other fees composed of money, goods, or services
assessed to permit competitors to enter into the event.
(c) Sales that are subject to the provisions of
this chapter are public sales that permit a horse to be consigned
for public sale.
(d) The following events are excluded from this chapter:
(1) Competitions subject to the jurisdiction of the California
Horse Racing Board.
(2) Sales consisting solely of racing stock.
(3) Parade horse competitions.
(4) A timed rodeo-related performance competition when held apart
from a horse show, including, but not limited to, rodeo, roping club,
cattle team penning, barrel racing, and gymkhana.
(e) "Event manager" means the person in charge of an event,
including the entity or individual financially responsible for the
event that is responsible for registering the event with the
department, and who is responsible for the assessment, collection,
and remittance of fees. "Event manager" includes horse show
secretaries and managers, competitive event managers, and horse sale
managers and sale owners.
(f) "Horse" means all horses, mules, and asses.
(g) "Licensed veterinarian" means a person licensed as a
veterinarian by the State of California.
(h) "Prohibited substance" means a stimulant, depressant,
tranquilizer, anesthetic, including any local anesthetic, sedative
analgesic, corticosteroid, anabolic steroid, or agent that would sore
a horse, that could affect the performance, soundness, or
disposition of a horse, or any drug, regardless of how harmless or
innocuous it might otherwise be, that could interfere with the
detection of any prohibited substance, including any metabolite or
derivative of any prohibited substance.
(i) "NSAID" means a nonsteroidal anti-inflammatory drug.
(j) "Therapeutic administration" means the administration of a
drug or medicine that is necessary for the treatment of an illness or
injury diagnosed by a licensed veterinarian. The administration of a
prescription drug or medicine shall only be as given or prescribed
by the licensed veterinarian. The administration of a nonprescription
drug or medicine shall be in accordance with the directions on the
manufacturer's label.
(k) "Exempt medication" means an oral or topical medication
containing prohibited substances determined by the department to be
exempt from this chapter when administered therapeutically.
(l) "Public equine event" means a horse show or competition that
permits a person to enter a horse for show or competition in exchange
for money, goods, or services. Any club or group that permits people
to join or enter into competition in exchange for money, goods, or
services, is "public" for purposes of this chapter.
(m) "Public horse sale" is a sale that consigns a horse in
exchange for money, goods, or services, excluding sales consisting
solely of racing stock.
(n) "Stimulant or depressant" means a medication that stimulates
or depresses the circulatory, respiratory, or central or peripheral
nervous system.
(o) To "sore" means to apply an irritating or blistering agent
internally or externally for the purpose of affecting the
performance, soundness, or disposition of a horse.
(p) "Trainer" means a person who has the responsibility for the
care, training, custody, or performance of a horse, including, but
not limited to, a person who signs any entry blank of a public equine
event or public horse sale, whether that person is an owner, rider,
agent, coach, adult, or minor.
SEC. 59. Section 24011 of the Food and Agricultural Code is
amended to read:
24011. (a) A horse that has received a prohibited substance shall
not be eligible for show, competition, or sale, unless the following
requirements have been met and the facts requested are submitted to
the department in writing:
(1)
Medication shall be therapeutic and necessary for treatment of an
illness or injury.
(2) A horse shall be withdrawn from a show or competition for a
period of not less than 24 hours after a prohibited substance is
administered, unless the department determines a different withdrawal
period for a specific prohibited substance or class of substances. A
horse shall be withdrawn from a public sale for a period of not less
than 72 hours after a prohibited substance or NSAID is administered.
The withdrawal period for anabolic steroids is 90 days after
administration and the withdrawal period for fluphenazine or
reserpine is 45 days after administration.
(3) The medication shall be administered by a licensed
veterinarian, the trainer, or the owner.
(4) Medication shall be identified as to the amount, strength, and
mode of administration.
(5) The statement shall include the date and time of
administration of the medication.
(6) The horse shall be identified by its name, age, sex, color,
and entry number.
(7) The statement shall contain the diagnosis of the attending
veterinarian and reason for administering the medication.
(8) The statement shall be signed by the person administering the
medication.
(9) The statement shall be filed with the event manager of the
public equine event or general manager of the public horse sale
within one hour after administration or one hour after the event
manager of the event returns to duty, if administration is at a time
other than during show or sale hours.
(10) The statement shall be signed by the event manager or his or
her designated representative and time of receipt recorded on the
statement by the event manager or his or her designated
representative.
(b) If the chemical analysis of the sample taken from a horse
treated indicates the presence of a prohibited substance and all the
requirements of this section have been fully complied with, the
information contained in the medication report and any other relevant
evidence shall be considered at any hearing provided under this
chapter in determining whether any provision of this chapter has been
violated.
SEC. 60. Section 24012 of the Food and Agricultural Code is
amended to read:
24012. (a) (1) To provide funds for enforcement of this chapter,
the event manager of every event shall charge and collect the
applicable fee for each horse entered or exhibited in the event, and
each horse consigned for public sale. The secretary may, by
regulation, set the applicable fee, in consultation with the advisory
committee appointed pursuant to Section 24013.5, at an amount
necessary to carry out this chapter. An event manager shall be
notified of the applicable fee at the time of registration of an
event. The event manager of the registered event shall remit the fee
established pursuant to this section, in addition to the completed
assessment report for the registered event, as prescribed by the
secretary, to the department within 15 days after completion of the
event. The event manager shall maintain event records for a period of
two years after the completion of the event. Upon request by the
department, the event records shall be made available to the
department for inspection and photocopying to enable verification of
appropriate fee collection and remittance.
(2) Notwithstanding Section 24001, a show event held over multiple
consecutive days, with a different judge on each day, that is
registered and managed by the same event manager on the same
premises, shall be considered one event for the purpose of the
assessment of the fee.
(b) An event manager who does not pay to the department the full
amount that is due pursuant to this section shall pay a civil penalty
of 10 percent of the amount due plus interest at the rate of 11/2
percent per month of the unpaid balance computed from the date of the
event. The event manager is personally liable for fees and penalties
owed the department pursuant to this section.
(c) Fees and penalties collected pursuant to this section shall be
deposited in the Department of Food and Agriculture Fund.
All funds Funds received by the department from
fees and penalties pursuant to this section shall be used exclusively
to carry out the intent and purpose purposes
of this chapter, including, but not limited to,
pharmacological studies, drug testing, and drug research, inspection
for drugs, prosecution of alleged offenders, administrative costs,
attorney's and expert witness fees, and any other costs necessary to
carry out this chapter.
SEC. 61. Section 43003 of the Food and Agricultural Code is
amended to read:
43003. (a) In lieu of civil prosecution, the secretary or the
commissioner may levy a civil penalty against any person violating
this division or any regulation adopted pursuant to its provisions.
Except as provided in subdivisions (b) and (c), the civil penalty for
each violation shall be, for a first violation, a fine of not more
than five hundred dollars ($500). For a second or subsequent
violation, the fine shall be not less than one hundred dollars
($100), nor more than one thousand dollars ($1,000).
(b) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed three thousand dollars ($3,000)
for each violation of Section 42945, 42948, 42949, 42951, subdivision
(b) of Section 44971, Section 44972, subdivision (c) of Section
44974, or Section 44986.
(c) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed five hundred dollars ($500) for
each violation of Section 44973, 44982, 44983, 44984, 45031, 45034,
or 45035. For a second or subsequent violation, or for a violation
involving avocados worth five hundred dollars ($500) or more, the
fine shall be not less than two hundred fifty dollars ($250) nor more
than five thousand dollars ($5,000).
(d) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard. This shall include the
right to review the evidence and a right to present evidence on his
or her own behalf.
(e) The person fined may appeal to the secretary within 10 days of
the date of receiving notification of the fine. The following
procedures apply to the appeal:
(1) The appeal need not be formal, but it shall be in writing and
signed by the appellant or his or her authorized agent, and shall
state the grounds for the appeal.
(2) Any party may, at the time of filing the appeal or within 10
days thereafter, present written evidence and a written argument to
the secretary.
(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 therefor
for the oral argument . The times may be altered
by mutual agreement.
(5) The secretary shall decide the appeal on any oral or written
argument, briefs, brief, and evidence
that he or she has received.
(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.
(7) On an appeal pursuant to this section, the secretary may
sustain, modify by reducing the amount of the fine, or reverse the
decision of the commissioner. A copy of the secretary's decision
shall be delivered or mailed to the appellant and the commissioner.
(8) Review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner, or his or her
representative, may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the secretary, or his or her
representative, rendered on an appeal from the commissioner's
decision, 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, the clerk of the superior court shall not charge
a fee for the performance of any official service required in
connection with the entry of judgment pursuant to this section.
SEC. 62. Section 47060 of the Food and Agricultural Code is
amended to read:
47060. For purposes of this article, the following definitions
apply:
(a) "Community-supported agriculture program" or "CSA program"
means a program under which a registered California direct marketing
producer, or a group of registered California direct marketing
producers, grow food for a group of California consumer shareholders
or subscribers who pledge or contract to buy a portion of the future
crop, animal production, or both, of a registered California direct
marketing producer or a group of registered California direct
marketing producers.
(b) "Single-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and are
produced at the farm of one registered California direct marketing
producer, and no more than a de minimus
minimis amount of delivered farm products originate at the
farms of other registered California direct marketing producers.
(c) "Multi-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and are
produced at one or more farms of a group of registered California
direct marketing producers who declare their association as a group
at the time of their annual certification or by amending the annual
certification during the year.
(d) "Farm" means a farm operated by a registered California direct
marketing producer or a group of registered California direct
marketing producers.
SEC. 63. Section 47061 of the Food and Agricultural Code is
amended to read:
47061. (a) A producer that markets whole produce, shell eggs, or
processed foods through a single-farm community-supported agriculture
program or multi-farm community-supported agriculture program shall
comply with all of the following:
(1) Register annually with the department as a California direct
marketing producer, which shall include both of the following:
(A) A statement specifying whether the producer is part of a
single-farm community supported agriculture program or multi-farm
community-supported agriculture program.
(B) (i) A declaration by the producer that he or she is
knowledgeable and intends to produce in accordance with good
agricultural practices, as outlined in the small farm food safety
guidelines published by the department.
(ii) A declaration made pursuant to this subparagraph shall not be
used to infer that the producer is not required to comply with any
other state or federal laws relative to food safety and good
agricultural practices.
(2) Label the consumer box or container used to deliver farm
products to the consumer with the name and address of the farm
delivering the box or container.
(3) Maintain the consumer boxes or containers in a condition that
prevents contamination.
(4) Inform consumers, either by including a printed list in the
consumer box or container or by delivering a list electronically to
the consumer, of the farm of origin of each item in the consumer box
or container.
(5) Maintain records that document the contents and origin of all
of the items included in each consumer box or container, in
accordance with department regulations.
(6) Comply with all labeling and identification requirements for
shell eggs and processed foods imposed pursuant to the provisions of
the Health and Safety Code, including, but not limited to, the farm's
name, physical address, and telephone number.
(b) A registered California direct marketing producer that is in
compliance with this section and in good standing shall be deemed an
approved source, as defined in Section 113735 of the Health and
Safety Code.
(c) A potentially hazardous food, as defined in Section 113871 of
the Health and Safety Code, shall not be included in a consumer box
distributed pursuant to this article unless that food has been
produced, processed, and handled pursuant to all applicable federal,
state, and local food safety requirements.
(d) Poultry and rabbit meat produced pursuant to Part 2
(commencing with Section 25401) of Division 12, and other meats
produced pursuant to Chapter 4.1 (commencing with Section 18940) of
Part 3 of Division 9, that are marketed under this chapter shall
comply with handling requirements established in the small farm food
safety guidelines published by the department, as described in
paragraph (2) of subdivision (b) of Section 47062.
(e) An enforcement officer, as defined in Section 113774 of the
California Retail Food Code (Part 7 (commencing with Section 113700)
of Division 104 of the Health and Safety Code) may enter
into and inspect a community-supported agriculture program in
response to a public food safety complaint. The enforcement officer
may recover reasonable costs associated with that inspection from the
registered California direct marketing producer operating
the community-supported agriculture program.
(f) Nothing in this section shall be construed to remove the
responsibility of a community-supported agriculture program from
obtaining all required permits and licenses, including, but not
limited to, a produce handler license or a cottage food permit.
SEC. 64. Section 81006 of the Food and Agricultural Code is
amended to read:
81006. (a) (1) Except when grown by an established agricultural
research institution or a registered seed breeder, industrial hemp
shall be grown only as a densely planted fiber or oilseed crop, or
both, in acreages of not less than five acres at the same time, and
no portion of an acreage of industrial hemp shall include plots of
less than one contiguous acre.
(2) Registered seed breeders, for purposes of seed production,
shall only grow industrial hemp as a densely planted crop in acreages
of not less than two acres at the same time, and no portion of the
acreage of industrial hemp shall include plots of less than one
contiguous acre.
(3) Registered seed breeders, for purposes of developing a new
California seed cultivar, shall grow industrial hemp as densely as
possible in dedicated acreage of not less than one acre and in
accordance with the seed development plan. The entire area of the
dedicated acreage is not required to be used for the cultivation of
the particular seed cultivar.
(b) Ornamental and clandestine cultivation of industrial hemp is
prohibited. All plots shall have adequate signage indicating they are
industrial hemp.
(c) Pruning and tending of individual industrial hemp plants is
prohibited, except when grown by an established agricultural research
institution or when the action is necessary to perform the
THC tetrahydrocannabinol (THC) testing described
in this section.
(d) Culling of industrial hemp is prohibited, except when grown by
an established agricultural research institution, when the action is
necessary to perform the THC testing described in this section, or
for purposes of seed production and development by a registered seed
breeder.
(e) Industrial hemp shall include products imported under the
Harmonized Tariff Schedule of the United States (2013) of the United
States International Trade Commission, including, but not limited to,
hemp seed, per subheading 1207.99.03, hemp oil, per subheading
1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per
heading 5302, true hemp yarn, per subheading 5308.20.00, and woven
fabrics of true hemp fibers, per subheading 5311.00.40.
(f) Except when industrial hemp is grown by an established
agricultural research institution, a registrant that grows industrial
hemp under this section shall, before the harvest of each crop and
as provided below, obtain a laboratory test report indicating the
tetrahydrocannabinol (THC) THC levels
of a random sampling of the dried flowering tops of the industrial
hemp grown.
(1) Sampling shall occur as soon as practicable when the THC
content of the leaves surrounding the seeds is at its peak and shall
commence as the seeds begin to mature, when the first seeds of
approximately 50 percent of the plants are resistant to compression.
(2) The entire fruit-bearing part of the plant including the seeds
shall be used as a sample. The sample cut shall be made directly
underneath the inflorescence found in the top one-third of the plant.
(3) The sample collected for THC testing shall be accompanied by
the following documentation:
(A) The registrant's proof of registration.
(B) Seed certification documentation for the seed
cultivar's cultivar used.
(C) The THC testing report for each certified seed cultivar used.
(4) The laboratory test report shall be issued by a laboratory
registered with the federal Drug Enforcement Administration, shall
state the percentage content of THC, shall indicate the date and
location of samples taken, and shall state the Global Positioning
System coordinates and total acreage of the crop. If the laboratory
test report indicates a percentage content of THC that is equal to or
less than three-tenths of 1 percent, the words "PASSED AS CALIFORNIA
INDUSTRIAL HEMP" shall appear at or near the top of the laboratory
test report. If the laboratory test report indicates a percentage
content of THC that is greater than three-tenths of 1 percent, the
words "FAILED AS CALIFORNIA INDUSTRIAL HEMP" shall appear at or near
the top of the laboratory test report.
(5) If the laboratory test report indicates a percentage content
of THC that is equal to or less than three-tenths of 1 percent, the
laboratory shall provide the person who requested the testing not
less than 10 original copies signed by an employee authorized by the
laboratory and shall retain one or more original copies of the
laboratory test report for a minimum of two years from its date of
sampling.
(6) If the laboratory test report indicates a percentage content
of THC that is greater than three-tenths of 1 percent and does not
exceed 1 percent, the registrant that grows industrial hemp shall
submit additional samples for testing of the industrial hemp grown.
(7) A registrant that grows industrial hemp shall destroy the
industrial hemp grown upon receipt of a first laboratory test report
indicating a percentage content of THC that exceeds 1 percent or a
second laboratory test report pursuant to paragraph (6) indicating a
percentage content of THC that exceeds three-tenths of 1 percent but
is less than 1 percent. If the percentage content of THC exceeds 1
percent, the destruction shall take place within 48 hours after
receipt of the laboratory test report. If the percentage content of
THC in the second laboratory test report exceeds three-tenths of 1
percent but is less than 1 percent, the destruction shall take place
as soon as practicable, but no later than 45 days after receipt of
the second test report.
(8) A registrant that intends to grow industrial hemp and who
complies with this section shall not be prosecuted for the
cultivation or possession of marijuana as a result of a laboratory
test report that indicates a percentage content of THC that is
greater than three-tenths of 1 percent but does not exceed 1 percent.
(9) Established agricultural research institutions shall be
permitted to cultivate or possess industrial hemp with a laboratory
test report that indicates a percentage content of THC that is
greater than three-tenths of 1 percent if that cultivation or
possession contributes to the development of types of industrial hemp
that will comply with the three-tenths of 1 percent THC limit
established in this division.
(10) Except for an established agricultural research institution,
a registrant that grows industrial hemp shall retain an original
signed copy of the laboratory test report for two years from its date
of sampling, make an original signed copy of the laboratory test
report available to the department, the commissioner, or law
enforcement officials or their designees upon request, and shall
provide an original copy of the laboratory test report to each person
purchasing, transporting, or otherwise obtaining from the registrant
that grows industrial hemp the fiber, oil, cake, or seed, or any
component of the seed, of the plant.
(g) If, in the Attorney General's opinion issued pursuant to
Section 8 of the act that added this division, it is determined that
the provisions of this section are not sufficient to comply with
federal law, the department, in consultation with the board, shall
establish procedures for this section that meet the requirements of
federal law.
SEC. 65. Section 905.2 of the Government Code is amended to read:
905.2. (a) This section shall apply to claims against the state
filed with the California Victim Compensation and Government Claims
Board.
(b) There shall be presented in accordance with Chapter 1
(commencing with Section 900) this chapter and
Chapter 2 (commencing with Section 910) all claims for money or
damages against the state:
(1) For which no appropriation has been made or for which no fund
is available but the settlement of which has been provided for by
statute or constitutional provision.
(2) For which the appropriation made or fund designated is
exhausted.
(3) For money or damages on express contract, or for an injury for
which the state is liable.
(4) For which settlement is not otherwise provided for by statute
or constitutional provision.
(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (b). This fee shall be
deposited into the General Fund and may be appropriated in support of
the board as reimbursements to Item 1870-001-0001 of Section 2.00 of
the annual Budget Act.
(1) The fee shall not apply to the following persons:
(A) Persons who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental
Payments Supplementary Payment (SSP) programs
(Section 12200 to 12205, inclusive, (Article
5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division
9 of the Welfare and Institutions Code), the California Work
Opportunity and Responsibility to Kids Act (CalWORKs) program
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of
the Welfare and Institutions Code), the Food Stamp Program
federal Supplemental Nutrition Assistance Program
( SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
17000 of the Welfare and Institutions Code.
(B) Persons whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
California Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.
(C) Persons who are sentenced to imprisonment in a state prison or
confined in a county jail, or who are residents in a state
institution and, within 90 days prior to the date the claim is filed,
have a balance of one hundred dollars ($100) or less credited to the
inmate's or resident's trust account. A certified copy of the
statement of the account shall be submitted.
(2) Any claimant who requests a fee waiver shall attach to the
application a signed affidavit requesting the waiver and verification
of benefits or income and any other required financial information
in support of the request for the waiver.
(3) Notwithstanding any other provision of law,
an applicant shall not be entitled to a hearing regarding the denial
of a request for a fee waiver.
(d) The time for the board to determine the sufficiency,
timeliness, or any other aspect of the claim shall begin when any of
the following occur:
(1) The claim is submitted with the filing fee.
(2) The fee waiver is granted.
(3) The filing fee is paid to the board upon the board's denial of
the fee waiver request, so long as payment is received within 10
calendar days of the mailing of the notice of the denial.
(e) Upon approval of the claim by the board, the fee shall be
reimbursed to the claimant, except that no fee shall be reimbursed if
the approved claim was for the payment of an expired warrant.
Reimbursement of the filing fee shall be paid by the state entity
against which the approved claim was filed. If the claimant was
granted a fee waiver pursuant to this section, the amount of the fee
shall be paid by the state entity to the board. The reimbursement to
the claimant or the payment to the board shall be made at the time
the claim is paid by the state entity, or shall be added to the
amount appropriated for the claim in an equity claims bill.
(f) The board may assess a surcharge to the state entity against
which the approved claim was filed in an amount not to exceed 15
percent of the total approved claim. The board shall not include the
refunded filing fee in the surcharge calculation. This surcharge
shall be deposited into the General Fund and may be appropriated in
support of the board as reimbursements to Item 1870-001-0001 of
Section 2.00 of the annual Budget Act.
(1) The surcharge shall not apply to approved claims to reissue
expired warrants.
(2) Upon the request of the board in a form prescribed by the
Controller, the Controller shall transfer the surcharges and fees
from the state entity's appropriation to the appropriation for the
support of the board. However, the board shall not request an amount
that shall be submitted for legislative approval pursuant to Section
13928.
(g) The filing fee required by subdivision (c) shall apply to all
claims filed after June 30, 2004, or the effective date of this
statute. The surcharge authorized by subdivision (f) may be
calculated and included in claims paid after June 30, 2004, or the
effective date of the statute adding this subdivision.
(h) This section shall not apply to claims made for a violation of
the California Whistleblower Protection Act (Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2).
SEC. 66. Section 1043 of the Government Code is amended to read:
1043. (a) (1) The executive board of the California Health
Benefit Exchange, as established by Section 100500, shall, consistent
with the federal Centers for Medicare and Medicaid Services
(CMS), Catalog of
Minimum Acceptable Risk Standards for Exchanges (MARS-E), Exchange
Reference Architecture Supplement version 1.0, issued on August 12,
2012, or further updates, guidance, or regulations, submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of all employees, prospective
employees, contractors, subcontractors, volunteers, or vendors, whose
duties include or would include access to confidential information,
personal identifying information, personal health information,
federal tax information, or financial information contained in the
information systems and devices of the Exchange, or any other
information as required by federal law or guidance applicable to
state-based exchanges for the purposes of obtaining information as to
the existence and content of a record of state or federal
convictions and also information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.
(2) The board shall require any a
services contract, interagency agreement, or public entity agreement
that includes or would include access to information described in
paragraph (1), and entered into, renewed, or amended on or after
the effective date of this section, June 17,
2013, to include a provision requiring the contractor to agree
to criminal background checks on its employees, contractors, agents,
or subcontractors who will have access to information described in
paragraph (1) as part of their services contract, interagency
agreement, or public entity agreement with the board.
(b) The Department of Justice shall forward to the Federal Bureau
of Investigation requests for federal summary criminal history
information received pursuant to paragraph (1) of subdivision (a).
The Department of Justice shall review the information returned from
the Federal Bureau of Investigation and compile and disseminate a
response to the board.
(c) The Department of Justice shall provide a state or federal
level response to the board pursuant to subdivision (p) of Section
11105 of the Penal Code.
(d) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons listed in paragraph (1) of
subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing requests pursuant to this section.
SEC. 67. Section 1097.1 of the Government Code is amended to read:
1097.1. (a) The Commission shall have the jurisdiction to
commence an administrative action, or a civil action, as set forth
within the limitations of this section and Sections 1097.2, 1097.3,
1097.4, and 1097.5, against an officer or person prohibited by
Section 1090 from making or being interested in contracts, or from
becoming a vendor or purchaser at sales, or from purchasing scrip, or
other evidences of indebtedness, including any member of the
governing board of a school district, who violates any provision of
those laws or who causes any other person to violate any provision of
those laws.
(b) The Commission shall not have jurisdiction to commence an
administrative or civil action or an investigation that might lead to
an administrative or civil action pursuant to subdivision (a)
against a person except upon written authorization from the district
attorney of the county in which the alleged violation occurred. A
civil action alleging a violation of Section 1090 shall not be filed
against a person pursuant to this section if the Attorney General or
a district attorney is pursuing a criminal prosecution of that person
pursuant to Section 1097.
(c) (1) The Commission's duties and authority under the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000)) to issue
opinions or advice shall not be applicable to Sections 1090, 1091,
1091.1, 1091.2, 1091.3, 1091.4, 1091.5, 1091.6, or 1097, except as
provided in this subdivision.
(2) A person subject to Section 1090 may request the Commission to
issue an opinion or advice with respect to his or her duties under
Section 1090, 1091, 1091.1, 1091.2, 1091.3, 1091.4, 1091.5, and
1091.6. The Commission shall decline to issue an opinion or advice
relating to past conduct.
(3) The Commission shall forward a copy of the request for an
opinion or advice to the Attorney General's office and the local
district attorney prior to proceeding with the advice or opinion.
(4) When issuing the advice or opinion, the Commission shall
either provide to the person who made the request a copy of any
written communications submitted by the Attorney General or a local
district attorney regarding the opinion or advice, or shall advise
the person that no written communications were submitted. The failure
of the Attorney General or a local district attorney to submit a
written communication pursuant to this paragraph shall not give rise
to an inference that the Attorney General or local district attorney
agrees with the opinion or advice.
(5) The opinion or advice, when issued, may be offered as evidence
of good faith conduct by the requester in an enforcement proceeding,
if the requester truthfully disclosed all material facts and
committed the acts complained of in reliance on the opinion or
advice. Any opinion or advice of the Commission issued pursuant to
this subdivision shall not be admissible by any person other than the
requester in any proceeding other than a proceeding brought by the
Commission pursuant to this section. The Commission shall include in
any opinion or advice that it issues pursuant to this subdivision a
statement that the opinion or advice is not admissible in a criminal
proceeding against any individual other than the requester.
(d) Any A decision issued
by the Commission pursuant to an administrative action commenced
pursuant to the jurisdiction established in subdivision (a) shall not
be admissible in any proceeding other than a proceeding brought by
the Commission pursuant to this section. The Commission shall include
in any decision it issues pursuant to an administrative action
commenced pursuant to the jurisdiction established in subdivision (a)
a statement that the decision applies only to proceedings brought by
the Commission.
(e) The Commission may adopt, amend, and rescind regulations to
govern the procedures of the Commission consistent with the
requirements of this section and Sections 1097.2, 1097.3, 1097.4
, and 1097.5. These regulations shall be adopted in accordance
with the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2).
(f) For purposes of this section and Sections 1097.2, 1097.3,
1097.4, and 1097.5, "Commission" means the Fair Political Practices
Commission.
SEC. 68. Section 9402 of the Government Code is amended to read:
9402. A subpena subpoena is
sufficient if it:
(a) States whether the proceeding is before the Senate, Assembly,
or a committee.
(b) Is addressed to the witness.
(c) Requires the attendance of the witness at a time and place
certain.
(d) Is signed by the President of the Senate, Speaker of the
Assembly, or chairman of the committee before whom attendance of the
witness is desired.
SEC. 69. Section 11507 of the Government Code is amended to read:
11507. At any time before the matter is submitted for decision,
the agency may file , or permit the filing of, an amended
or supplemental accusation or District Statement of Reduction in
Force. All parties shall be notified of the filing. If the amended or
supplemental accusation or District Statement of Reduction in Force
presents new charges , the agency shall afford the
respondent a reasonable opportunity to prepare his or her defense
thereto, to the new charges,
but he or she shall not be entitled to file a further pleading unless
the agency in its discretion so orders. Any new charges shall be
deemed controverted, and any objections to the amended or
supplemental accusation or District Statement of Reduction in Force
may be made orally and shall be noted in the record.
SEC. 70. Section 6588.7 of the Government Code is amended to read:
6588.7. (a) An authority whose financing activities are limited
to financing utility projects and projects for the use or benefit of
public water agencies may finance utility projects as provided in
this section, including the issuance of rate reduction bonds and the
imposition and adjustment of utility project charges.
(b) (1) A local agency that owns and operates a publicly owned
utility may apply to an authority specified in subdivision (a) to
finance costs of a utility project for the publicly owned utility
with the proceeds of rate reduction bonds if at the time of
application, bonds payable from revenues of the publicly owned
utility are, or upon issuance would be, rated investment grade by a
nationally recognized rating agency. In its application to an
authority for the financing, the local agency shall specify the
utility project to be financed by the rate reduction bonds, the
maximum principal amount, the maximum interest rate, and the maximum
stated terms of the rate reduction bonds.
(2) In order to allow the state to review the issuance of rate
reduction bonds, collect data, ensure transparency, and conduct an
independent analysis of the effectiveness of the use of rate
reduction bonds pursuant to this section, the California Pollution
Control Financing Authority, as defined in Section 44504 of the
Health and Safety Code, shall review each issue of bonds and shall
determine whether the issue is qualified for issuance under the
provisions of this section. The California Pollution Control
Financing Authority shall determine that an issue of rate reduction
bonds is qualified for issuance under this section, if the issuance
satisfies all of the following:
(A) The issuance meets the criteria specified in paragraphs (1) to
(3), inclusive, of subdivision (c).
(B) The projected financing costs, as defined in subdivision (g)
of Section 6585, fall within the normal range of financing costs for
comparable types of debt issuance.
(3) The California Pollution Control Financing Authority shall
establish procedures for the expeditious review of a proposed
issuance pursuant to this section, including, but not limited to, the
establishment of reasonable application fees to reimburse the
California Pollution Control Financing Authority for costs incurred
in administering this section.
(4) The California Pollution Control Financing Authority shall
provide an explanation in writing for any refusal to qualify a
proposed issuance but may not alter or modify any term or condition
related to the utility project property.
(5) The California Pollution Control Financing Authority shall
take action on any completed application submitted to it pursuant to
this section no later than the next meeting of the California
Pollution Control Financing Authority that occurs after at least 60
days following receipt of the application.
(6) The review and qualification pursuant to this section may be
concurrent with an authority's processing of an application for
financing so as to allow for the issuance of rate reduction bonds as
quickly as feasible.
(7) Notwithstanding any other provision of law,
the California Pollution Control Financing Authority may adopt
regulations relating to this section as emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3. For purposes of Chapter 3.5 (commencing with Section
11340), including Section 11349.6, the adoption of the regulations
shall be considered by the Office of Administrative Law to be
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
(8) Annually , no later than March 31, the California
Pollution Control Financing Authority shall submit to the Legislature
a report of its activities pursuant to this section for the
preceding calendar year ended December 31. The California Pollution
Control Financing Authority shall require information from applicants
to ensure that the necessary data is available to complete this
report. The report may be submitted as a part of the report required
pursuant to Section 44538 of the Health and Safety Code. The report
shall include all of the following:
(A) A listing of applications received.
(B) A listing of proposed issuances qualified under the provisions
of this section.
(C) A report of bonds sold, the interest rates on the bonds,
whether the bond sales were pursuant to public bid or were
negotiated, and any rating given the bonds by a nationally recognized
securities rating organization.
(D) A specification of proposed issuances qualified but not yet
issued.
(E) A comparison of the interest rates and transactional costs on
issuances qualified under this section with interest rates on
comparable types of debt issuance occurring at or near the same time
as the issuances.
(9) (A) The requirement for submitting a report imposed under
paragraph (8) is inoperative on December 31, 2020.
(B) A report to be submitted pursuant to paragraph (8) shall be
submitted in compliance with Section 9795.
(c) A local agency shall not apply to an authority for financing
of a utility project pursuant to this section unless the legislative
body of the local agency has determined all of the following:
(1) The project to be financed is a utility project.
(2) The local agency is electing to finance costs of the utility
project pursuant to this section and the financing costs associated
with the financing are to be paid from utility project property,
including the utility project charge for the rate reduction bonds
issued for the utility project in accordance with this section.
(3) Based on information available to, and projections used by,
the legislative body, the rates of the publicly owned utility plus
the utility project charge resulting from the financing of the
utility project with rate reduction bonds are expected to be lower
than the rates of the publicly owned utility if the utility project
was financed with bonds payable from revenues of the publicly owned
utility.
(d) (1) Subject to the requirements of Article XIII D of the
California Constitution, an authority financing the costs of a
utility project or projects for a local agency's publicly owned
utility with rate reduction bonds is authorized and directed to
impose and collect a utility project charge with respect to the rate
reduction bonds as provided in this section. The imposition of the
utility project charge shall be made and evidenced by the adoption of
a financing resolution by the governing body of the authority. The
financing resolution with respect to financing a utility project or
project with rate reduction bonds for a publicly owned utility shall
include all of the following:
(A) The addition of a separate charge to the bill of each customer
of the publicly owned utility in the class or classes of customers
specified in the financing resolution.
(B) A description of the financial calculation, formula, or other
method that the authority is to use to determine the utility project
charge. The calculation, formula or other method shall include a
periodic adjustment method to the then current utility project
charge, to be applied at least annually, that shall be
utilized used by the authority to correct for
any overcollection or undercollection of financing costs from the
utility project charge or any other adjustment necessary to ensure
timely payment of the financing costs of the rate reduction bonds,
including, but not limited to, the adjustment of the utility project
charge to pay any debt service coverage requirement for the rate
reduction bonds. The financial calculation, formula, or other method,
including the periodic adjustment method, established in the
financing resolution pursuant to this section, and the allocation of
utility project charges to, and among, customers of the publicly
owned utility shall be decided solely by the governing body of the
authority and shall be final and conclusive. In no event shall the
periodic adjustment method established in the financing resolution be
applied less frequently than required by the financing resolution
and the documents relating to the applicable rate reduction bonds.
Once the financial calculation, formula, or other method for
determining the utility project charge, and the periodic adjustment
method, have been established in the financing resolution and have
become final and conclusive as provided in this section, they shall
not be changed.
(C) Notwithstanding any other provision of this section, in no
event shall a utility project charge exceed the maximum rate
permitted under Article XIII D of the California Constitution.
(D) A requirement that the authority enter into a servicing
agreement for the collection of the utility project charge with the
local agency for which the financing is undertaken or its publicly
owned utility and the local agency or its publicly owned utility
shall act as a servicing agent for purposes of collecting the utility
project charge as long as the servicing agreement remains in effect.
Moneys collected by the local agency or its publicly owned utility,
acting as a servicing agent on behalf of the authority, as a utility
project charge shall be held in trust for the exclusive benefit of
the persons entitled to the financing costs to be paid, directly or
indirectly, from the utility project charge and shall not lose their
character as revenues of the authority by virtue of possession by the
local agency or its publicly owned utility. The local agency or its
publicly owned utility shall provide the authority with the
information as to estimated sales of water and any other information
concerning the publicly owned utility required by the authority in
connection with the initial establishment and the adjustment of the
utility project charge.
(2) The determination of the legislative body of the local agency
that a project to be financed with rate reduction bonds is a utility
project shall be final and conclusive and the rate reduction bonds
issued to finance the utility project and the utility project charge
imposed relating to the rate reduction bonds shall be valid and
enforceable in accordance with the terms of the financing resolution
and the documents relating to the rate reduction bonds. The authority
shall require, in its financing resolution with respect to a utility
project charge, that as long as a customer in the class or classes
of customers specified in the financing resolution receive water
through the facilities of the publicly owned utility, the customer
shall pay the utility project charge regardless of whether or not the
customer has an agreement to purchase water from a person or entity
other than the publicly owned utility. The utility project charge
shall be a nonbypassable charge to all customers of the publicly
owned utility in the class or classes of customers specified in the
financing resolution at the time of adoption of the financing
resolution and all future customers in that class or classes. If a
customer of the publicly owned utility that is subject to a utility
project charge enters into an agreement to purchase water from a
person or entity other than the publicly owned utility, the customer
shall remain liable for the payment of its share of the utility
project charge as if it had not entered into the agreement. The
liability may be discharged by the continued payment of its share of
the utility project charge as it accrues or by a one-time payment, as
determined by the authority. All provisions of a financing
resolution adopted pursuant to this subdivision shall be binding on
the authority.
(3) The timely and complete payment of all utility project charges
by a person liable for the charges shall be a condition of receiving
water service from the publicly owned utility of the local agency
and each of the local agencies and their publicly owned utilities is
authorized to use its established collection policies and all rights
and remedies provided by law to enforce payment and collection of the
utility project charge. In no event shall a person liable for a
utility project charge be entitled or authorized to withhold payment,
in whole or in part, of the utility project charge for any reason.
(4) The authority shall determine whether adjustments to the
utility project charge relating to rate reduction bonds are required
upon the issuance of the rate reduction bonds and at least annually,
and at additional intervals as may be provided for in the financing
resolution or the documents relating to the rate reduction bonds.
Each adjustment shall be made and put into effect in accordance with
the financial calculation, formula, or other method that the
authority is to use to determine the utility project charge pursuant
to the financing resolution expeditiously after the authority's
determination that the adjustment is required.
(5) All revenues with respect to utility project property related
to rate reduction bonds, including payments of the utility project
charge, shall be applied first to the payment of the financing costs
of the related rate reduction bonds then due, including the funding
of reserves for the rate reduction bonds, with any excess being
applied as determined by the authority for the benefit of the utility
for which the rate reduction bonds were issued.
(6) The authority shall be obligated to impose and collect the
utility project charge relating to rate reduction bonds in amounts,
based on estimates of water usage subject to the utility project
charge, sufficient to pay on a timely basis the financing costs
associated with the rate reduction bonds when due. The pledge of a
utility project charge to secure the payment of rate reduction bonds
shall be irrevocable, and the State of California, the authority, or
any limited liability company acting pursuant to subdivision (i)
shall not reduce, impair, or otherwise adjust the utility project
charge, except that the authority shall implement the periodic
adjustments to the utility project charge relating to rate reduction
bonds as required by the applicable financing resolution and the
documents relating to the rate reduction bonds. Revenue from a
utility project charge shall be deemed special revenue of the
authority and shall not constitute revenue of the local agency or its
publicly owned utility for any purpose, including without
limitation, any dedication, commitment, or pledge of revenue,
receipts, or other income that the local agency or its publicly owned
utility has made or will make for the security of any of its
obligations.
(7) A utility project charge shall constitute a utility project
property when, and to the extent that, a financing resolution
authorizing the utility project charge has become effective in
accordance with its terms, and the utility project property shall
thereafter continuously exist as property for all purposes with all
of the rights and privileges of this section for the period, and to
the extent, provided in the financing resolution, but in any event
until all financing costs with respect to the related rate reduction
bonds are paid in full, including all arrearages thereon.
(8) Utility project property shall constitute a current property
right notwithstanding that the value of the property right will
depend on consumers using water or, in those instances where
consumers are customers of the publicly owned utility, the publicly
owned utility performing certain services.
(9) In the event If a
local agency for which rate reduction bonds have been issued and
remain outstanding ceases to operate a water utility, either directly
or through its publicly owned utility, references in this section to
the local agency or to its publicly owned utility shall be to the
entity providing water utility services in lieu of the local agency
and the entity shall assume and perform all obligations of the local
agency and its publicly owned utility required by this section and
the servicing agreement with the local agency while the rate
reduction bonds remain outstanding.
(e) (1) Rate reduction bonds shall be within the parameters of the
financing set forth by the local agency pursuant to subdivision (b)
in connection with the rate reduction bonds and the proceeds of the
rate reduction bonds made available to the local agency or its
publicly owned utility shall be utilized used
for the utility project identified in the application for
financing of the utility project or projects pursuant to subdivision
(b).
(2) An authority shall authorize the issuance of rate reduction
bonds by a resolution of its governing body. An authority issuing
rate reduction bonds shall include in its preliminary notice and
final report for the rate reduction bonds submitted to the California
Debt and Investment Advisory Commission pursuant to Section 8855 a
statement that the rate reduction bonds are being issued pursuant to
this section. An authority issuing rate reduction bonds shall include
in its final report for the rate reduction bonds submitted to the
California Debt and Investment Advisory Commission pursuant to
Section 8855 the savings realized by issuing the rate reduction bonds
rather than bonds payable from the revenues of the publicly owned
utility for whose benefit the rate reduction bonds were issued. Rate
reduction bonds shall be nonrecourse to the credit or any assets of
the local agency and the publicly owned utility for which the utility
project is financed and shall be payable from, and secured by a
pledge of, the utility project property relating to the rate
reduction bonds and any additional security or credit enhancement
specified in the documents relating to the rate reduction bonds.
(3) An authority issuing rate reduction bonds shall pledge the
utility project property relating to the rate reduction bonds as
security for the payment of the rate reduction bonds, which pledge
shall be made pursuant to, and with the effect set forth in Section
5451 of the Government Code . All rights of an
authority with respect to utility project property pledged as
security for the payment of rate reduction bonds shall be for the
benefit of, and enforceable by, the beneficiaries of the pledge to
the extent provided in the documents relating to the rate reduction
bonds.
(4) To the extent that any interest in utility project property is
pledged as security for the payment of rate reduction bonds, the
applicable local agency or its publicly owned utility shall contract
with the authority, which contract shall be part of the utility
project property, that the local agency or its publicly owned utility
will continue to operate its publicly owned utility system that
includes the financed utility project to provide service to its
customers, will, as servicer, collect amounts in respect of the
utility project charge for the benefit and account of the authority
and the beneficiaries of the pledge of the utility project charge and
will account for and remit these amounts to, or for the account of,
the authority.
(5) Notwithstanding any other law, any requirement under this
section, a financing resolution, any other resolution of the
authority, or the provisions of the documents relating to rate
reduction bonds to the effect that the authority shall take action
with respect to the utility project property relating to the rate
reduction bonds shall be binding upon the authority, as its governing
body may be constituted from time to time, and the authority shall
have no power or right to rescind, alter, or amend any resolution or
document containing the requirement.
(6) Notwithstanding any other law, except as otherwise
provided in this section with respect to adjustments to a utility
project charge, the recovery of the financing costs for the rate
reduction bonds from the utility project charge shall be irrevocable
and the authority shall not have the power either by rescinding,
altering, or amending the applicable financing resolution or
otherwise, to revalue or revise for ratemaking purposes the financing
costs of rate reduction bonds, determine that the financing costs
for the related rate reduction bonds or the utility project charge is
unjust or unreasonable, or in any way reduce or impair the value of
utility project property that includes the utility project charge,
either directly or indirectly; nor shall the amount of revenues
arising with respect to the financing costs for the related rate
reduction bonds or the utility project charge be subject to
reduction, impairment, postponement, or termination for any reason
until all financing costs to be paid from the utility project charge
are fully met and discharged. Except as otherwise provided in this
section with respect to adjustments to a utility project charge, the
State of California does hereby pledge and agree with the owners of
rate reduction bonds that the State of California shall neither limit
nor alter the financing costs or the utility project property,
including the utility project charge, relating to the rate reduction
bonds, or any rights in, to or under, the utility project property
until all financing costs with respect to the rate reduction bonds
are fully met and discharged. This section does not preclude
limitation or alteration if and when adequate provision shall be made
by law for the protection of the owners. The authority is authorized
to include this pledge and undertaking by the State of California in
the governing documents for rate reduction bonds. Notwithstanding
any other provision of this section, the authority shall make the
adjustments to the utility project charge relating to rate reduction
bonds provided by this section and the documents related to those
rate reduction bonds as may be necessary to ensure timely payment of
all financing costs with respect to the rate reduction bonds. The
adjustments shall not impose the utility project charge upon classes
of customers which were not subject to the utility project charge
pursuant to the financing resolution imposing the utility project
charge.
(f) (1) Financing costs in connection with rate reduction bonds do
not constitute a debt or liability of the State of California or of
any political subdivision thereof, other than the special obligation
of the authority, and do not constitute a pledge of the full faith
and credit of the State of California or any of its political
subdivisions, including the authority, but are payable solely from
the funds provided therefor under this section and in the documents
relating to the rate reduction bonds. This subdivision shall in no
way preclude guarantees or credit enhancements in connection with
rate reduction bonds. All the rate reduction bonds shall contain on
the face thereof a statement to the following effect:
Neither the full faith and credit nor the taxing power of the
State of California or any political subdivision thereof is pledged
to the payment of the principal of, or interest on, this bond.
(2) The issuance of rate reduction bonds shall not directly,
indirectly, or contingently obligate the State of California or any
political subdivision thereof to levy or to pledge any form of
taxation to pay the rate reduction bonds or to make any appropriation
for their payment.
(g) (1) Utility project property shall constitute property for all
purposes, including for contracts securing rate reduction bonds,
whether or not the revenues and proceeds arising with respect thereto
have accrued.
(2) Subject to the terms of the pledge document with respect to a
pledge of utility project property, the validity and relative
priority of a pledge created or authorized under this section is not
defeated or adversely affected by the commingling of revenues arising
with respect to the utility project property with other funds of the
local agency or the publicly owned utility collecting a utility
project charge on behalf of an authority.
(h) (1) There shall exist a statutory lien on the utility project
property relating to rate reduction bonds. Upon the effective date of
the financing resolution relating to rate reduction bonds, there
shall exist a first priority statutory lien on all utility project
property, then existing or, thereafter arising, to secure the payment
of the rate reduction bonds. This lien shall arise pursuant to law
by operation of this section automatically without any action on the
part of the authority, the local agency or its publicly owned
utility, or any other person. This lien shall secure the payment of
all financing costs, then existing or subsequently arising, to the
holders of the rate reduction bonds, the trustee or representative
for the holders of the rate reduction bonds, and any other entity
specified in the financing resolution or the documents relating to
the rate reduction bonds. This lien shall attach to the utility
project property regardless of who shall own, or shall subsequently
be determined to own, the utility project property including any
local agency or its publicly owned utility, the authority, or any
other person. This lien shall be valid and enforceable against the
owner of the utility project property and all third parties upon the
effectiveness of the financing resolution without any further public
notice.
(2) The statutory lien on utility project property created by this
section is a continuously perfected lien on all revenues and
proceeds arising with respect thereto, whether or not the revenues or
proceeds have accrued. Utility project property shall constitute
property for all purposes, including for contracts securing rate
reduction bonds, whether or not the revenues or proceeds arising with
respect thereto have accrued.
(3) In addition, the authority may require, in a financing
resolution creating utility project property, that, in the event of
default by the local agency or its publicly owned utility, in payment
of revenues arising with respect to the utility project property,
the authority, upon the application by the beneficiaries of the
statutory lien, and without limiting any other remedies available to
the beneficiaries by reason of the default, shall order the
sequestration and payment to the beneficiaries of revenues arising
with respect to the utility project property.
(i) Notwithstanding any other law, an authority that has financed
a utility project through the issuance of rate reduction bonds is not
authorized, and no governmental officer or organization shall be
empowered to authorize the authority, to become a debtor in a case
under the United States Bankruptcy Code (11 U.S.C. Sec. 1 et seq.) or
to become the subject of any similar case or proceeding under any
other law, whether federal or State of California, as long as any
payment obligation from utility project property remains with respect
to the rate reduction bonds.
(j) An authority may elect to effect a financing of a utility
project pursuant to this section through a single member limited
liability company formed by the authority by authorizing the company
to adopt the financing resolution and the authority's issuing rate
reduction bonds payable from, and secured by a pledge of, amounts
paid by the company to the authority from the applicable utility
project property pursuant to an agreement. The provisions of
subdivisions (g) and (h) shall apply to and be the exclusive method
of perfecting a pledge of utility project property by the company
securing the payment of financing costs under any agreement of the
company in connection with the issuance of rate reduction bonds.
Reference to the authority in this section and in all related defined
terms shall mean or include the company as necessary to implement
this subdivision.
(k) After December 31, 2020, the authority to issue rate reduction
bonds under this section terminates.
SEC. 71. Section 12011.5 of the Government Code is amended to
read:
12011.5. (a) In the event of a vacancy in a judicial office to be
filled by appointment of the Governor, or in the event that a
declaration of candidacy is not filed by a judge and the Governor is
required under subdivision (d) of Section 16 of Article VI of the
California Constitution to nominate a candidate, the Governor shall
first submit to a designated agency of the State Bar of California
the names of all potential appointees or nominees for the judicial
office for evaluation of their judicial qualifications.
(b) The membership of the designated agency of the State Bar
responsible for evaluation of judicial candidates shall consist of
attorney members and public members with the ratio of public members
to attorney members determined, to the extent practical, by the ratio
established in Section 6013.5 of the Business and Professions Code.
It is the intent of this subdivision that the designated agency of
the State Bar responsible for evaluation of judicial candidates shall
be broadly representative of the ethnic, gender, and racial
diversity of the population of California and composed in accordance
with Sections 11140 and 11141. The further intent of this subdivision
is to establish a selection process for membership on the designated
agency of the State Bar responsible for evaluation of judicial
candidates under which no member of that agency shall provide
inappropriate, multiple representation for purposes of this
subdivision. Each member of the designated agency of the State Bar
responsible for evaluation of judicial candidates shall complete a
minimum of 60 minutes of training in the areas of fairness and bias
in the judicial appointments process at an orientation for new
members. If the member serves more than one term, the member shall
complete an additional 60 minutes of that training during the member'
s service on the designated agency of the State Bar responsible for
evaluation of judicial candidates.
(c) Upon receipt from the Governor of the names of candidates for
judicial office and their completed personal data questionnaires, the
State Bar shall employ use appropriate
confidential procedures to evaluate and determine the qualifications
of each candidate with regard to his or her ability to discharge the
judicial duties of the office to which the appointment or nomination
shall be made. Within 90 days of submission by the Governor of the
name of a potential appointee for judicial office, the State Bar
shall report , in confidence , to the Governor
its recommendation whether the candidate is exceptionally well
qualified, well qualified, qualified, or not qualified and the
reasons therefor, and may report, in confidence, other information as
the State Bar deems pertinent to the qualifications of the
candidate.
(d) In determining the qualifications of a candidate for judicial
office, the State Bar shall consider, among other appropriate
factors, his or her industry, judicial temperament, honesty,
objectivity, community respect, integrity, health, ability, and legal
experience. The State Bar shall consider legal experience broadly,
including, but not limited to, litigation and nonlitigation
experience, legal work for a business or nonprofit entity, experience
as a law professor or other academic position, legal work in any of
the three branches of government, and legal work in dispute
resolution.
(e) The State Bar shall establish and promulgate rules and
procedures regarding the investigation of the qualifications of
candidates for judicial office by the designated agency. These rules
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
health, physical or mental condition, or moral turpitude
which, that, unless rebutted, would be
determinative of the candidate's unsuitability for judicial office.
No provision of this section shall be construed as requiring that
any a rule or procedure be adopted that
permits the disclosure to the candidate of information from which
the candidate may infer the source, and no information shall either
be disclosed to the candidate nor be obtainable by any process that
would jeopardize the confidentiality of communications from persons
whose opinion has been sought on the candidate's qualifications.
(f) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the State Bar in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the State Bar with a candidate or
person providing information in furtherance of the purposes of this
section shall not constitute a waiver of the privilege or a breach of
confidentiality.
(g) If the Governor has appointed a person to a trial court who
has been found not qualified by the designated agency, the State Bar
may make public this fact after due notice to the appointee of its
intention to do so, but that notice or disclosure shall not
constitute a waiver of privilege or breach of confidentiality with
respect to communications of or to the State Bar concerning the
qualifications of the appointee.
(h) If the Governor has nominated or appointed a person to the
Supreme Court or court of appeal in accordance with subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Commission on Judicial Appointments may invite, or the State Bar's
governing board or its designated agency may submit to the
commission, its recommendation, and the reasons therefor, but that
disclosure shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the State Bar
concerning the qualifications of the nominee or appointee.
(i) No A person or entity shall
not be liable for any an injury
caused by any an act or failure to act,
be it negligent, intentional, discretionary, or otherwise, in the
furtherance of the purposes of this section, including, but not
limited to, providing or receiving any
information, making any recommendations, and
giving any reasons therefor. As used in this
section, the term "State Bar" means its governing board and members
thereof, the designated agency of the State Bar and members thereof,
and employees and agents of the State Bar.
(j) At any time prior to the receipt of the report from the State
Bar specified in subdivision (c) the Governor may withdraw the name
of any a person submitted to the State
Bar for evaluation pursuant to this section.
(k) A candidate for judicial office shall not be appointed until
the State Bar has reported to the Governor pursuant to this section,
or until 90 days have elapsed after submission of the candidate's
name to the State Bar, whichever occurs earlier. The requirement of
this subdivision shall not apply to any a
vacancy in judicial office occurring within the 90 days
preceding the expiration of the Governor's term of office, provided,
however, that with respect to those vacancies and with respect to
nominations pursuant to subdivision (d) of Section 16 of Article VI
of the California Constitution, the Governor shall be required to
submit any candidate's name to the State Bar in order to provide an
opportunity, if time permits, to make an evaluation.
(l) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to judicial
office, nor shall anything in this section be construed as adding
any additional qualifications for the office of a
judge.
(m) The Board of Governors of the State Bar shall not conduct or
participate in, or authorize any a
committee, agency, employee, or commission of the State Bar to
conduct or participate in, any an
evaluation, review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a court
provided for in Section 2 or 3 of Article VI of the California
Constitution without prior review and statutory authorization by the
Legislature, except an evaluation, review, or report on potential
judicial appointees or nominees as authorized by this section.
The provisions of this subdivision shall not be construed to
prohibit a member of the State Bar from conducting or participating
in an evaluation, review, or report in his or her individual
capacity.
(n) (1) Notwithstanding any other provision of this section, but
subject to paragraph (2), on or before March 1 of each year for the
prior calendar year, all of the following shall occur:
(A) The Governor shall collect and release, on an aggregate
statewide basis, all of the following:
(i) Demographic data provided by all judicial applicants relative
to ethnicity, race, disability, veteran status, gender, gender
identity, and sexual orientation.
(ii) Demographic data relative to ethnicity, race, disability,
veteran status, gender, gender identity, and sexual orientation as
provided by all judicial applicants, both as to those judicial
applicants who have been and those who have not been submitted to the
State Bar for evaluation.
(iii) Demographic data relative to ethnicity, race, disability,
veteran status, gender, gender identity, and sexual orientation of
all judicial appointments or nominations as provided by the judicial
appointee or nominee.
(B) The designated agency of the State Bar responsible for
evaluation of judicial candidates shall collect and release both of
the following on an aggregate statewide basis:
(i) Statewide demographic data provided by all judicial applicants
reviewed relative to ethnicity, race, disability, veteran status,
gender, gender identity, sexual orientation, and areas of legal
practice and employment.
(ii) The statewide summary of the recommendations of the
designated agency of the State Bar by ethnicity, race, disability,
veteran status, gender, gender identity, sexual orientation, and
areas of legal practice and employment.
(C) The Administrative Office of the Courts shall collect and
release the demographic data provided by justices and judges
described in Article VI of the California Constitution relative to
ethnicity, race, disability, veteran status, gender, gender identity,
and sexual orientation by specific jurisdiction.
(2) For purposes of subparagraph (A) of paragraph (1), in the year
following a general election or recall election that will result in
a new Governor taking office prior to March 1, the departing Governor
shall provide all of the demographic data collected for the year by
that Governor pursuant to this subdivision to the incoming Governor.
The incoming Governor shall then be responsible for releasing the
provided demographic data, and the demographic data collected by that
incoming Governor, if any, prior to the March 1 deadline imposed
pursuant to this subdivision.
(3) Any demographic Demographic data
disclosed or released pursuant to this subdivision shall disclose
only aggregated statistical data and shall not identify any
individual applicant, justice, or judge.
(4) The State Bar and the Administrative Office of the Courts
shall use the following ethnic and racial categories: American Indian
or Alaska Native, Asian, Black or African American, Hispanic or
Latino, Native Hawaiian or other Pacific Islander, White, some other
race, and more than one race, as those categories are defined by the
United States Census Bureau for the 2010 Census for reporting
purposes.
(5) Any demographic Demographic data
disclosed or released pursuant to this subdivision shall also
indicate the percentage of respondents who declined to respond.
(6) For purposes of this subdivision, the collection of
demographic data relative to disability and veteran status shall be
required only for judicial applicants, candidates, appointees,
nominees, justices, and judges who apply, or are reviewed, appointed,
nominated, or elected, on or after January 1, 2014. The release of
this demographic data shall begin in 2015.
(7) For purposes of this subdivision, the following terms have the
following meanings:
(i)
(A) "Disability" includes mental disability and
physical disability, as defined in subdivisions (j), (l),
(j) and (m) of Section 12926.
(ii)
(B) "Veteran status" has the same meaning as specified
in Section 101(2) of Title 38 of the United States Code.
(o) The Governor and members of judicial selection advisory
committees are encouraged to give particular consideration to
candidates from diverse backgrounds and cultures reflecting the
demographics of California, including candidates with demographic
characteristics underrepresented among existing judges and justices.
(p) If any provision of this section other than a provision
relating to or providing for confidentiality or privilege from
disclosure of any communication or matter, or the application of the
provision to any person or circumstances, is held invalid, the
remainder of this section , to the extent it can be given
effect, or the application of the provision to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby, and to this extent the provisions of this
section are severable. If any other act of the Legislature conflicts
with the provisions of this section, this section shall prevail.
SEC. 72. Section 12012.61 of the Government Code is amended to
read:
12012.61. (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 Ramona Band of
Cahuilla, executed on June 10, 2013, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming
compacts compact ratified by this
section.
(B) The execution of the tribal-state gaming compacts
compact ratified by this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compacts compact ratified by
this section.
(D) The execution of an intergovernmental agreement between a
tribe and the Department of Transportation negotiated pursuant to the
express authority of, or as expressly referenced in, the
tribal-state gaming compacts compact
ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compacts compact
ratified by this section.
(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.
(2) Except as expressly provided herein, this subdivision does not
exempt a city, county, or city and county, or the Department of
Transportation, from the requirements of the California Environmental
Quality Act.
SEC. 73. Section 13403 of the Government Code is amended to read:
13403. (a) Internal accounting and administrative controls, if
maintained and reinforced through effective monitoring systems and
processes, are the methods through which reasonable assurances can be
given that measures adopted by state agency heads to safeguard
assets, check the accuracy and reliability of accounting data,
promote operational efficiency, and encourage adherence to prescribed
managerial policies are being followed. The elements of a
satisfactory system of internal accounting and administrative
control, shall include, but are not limited to, the following:
(1) A plan of organization that provides segregation of duties
appropriate for proper safeguarding of state agency assets.
(2) A plan that limits access to state agency assets to authorized
personnel who require these assets in the performance of their
assigned duties.
(3) A system of authorization and recordkeeping procedures
adequate to provide effective accounting control over assets,
liabilities, revenues, and expenditures.
(4) An established system of practices to be followed in
performance of duties and functions in each of the state agencies.
(5) Personnel of a quality commensurate with their
responsibilities.
(6) An effective system of internal review.
(b) State agency heads shall follow these standards of internal
accounting and administrative control in carrying out the
requirements of Section 13402.
(c) Monitoring systems and processes are vital to the following:
(1) Ensuring that routine application of internal controls
do does not diminish their efficacy
over time.
(2) Providing timely notice and opportunity
for correction of emerging weaknesses with established internal
controls.
(3) Facilitating public resources and other decisions by ensuring
availability of accurate and reliable information.
(4) Facilitating production of timely and accurate financial
reports, and the submittal, when appropriate, of recommendations for
how greater efficiencies in support of the agency's mission may be
attainable via the consolidation or restructuring of potentially
duplicative or inefficient processes, programs, or practices where it
appears such changes may be achieved without undermining program
effectiveness, quality, or customer satisfaction.
(d) It shall be the responsibility of the Department of Finance,
in consultation with the Controller and State Auditor, to establish
guidelines to state agencies management on how the role of
independent monitor should be staffed, structured, and its reporting
function standardized so it fits within an efficient and normalized
agency administrative framework.
(e) State agency heads shall implement systems and processes to
ensure the independence and objectivity of the monitoring of internal
accounting and administrative control as an ongoing activity in
carrying out the requirements of Section 13402.
SEC. 74. Section 13978.8 of the Government Code is amended to
read:
13978.8. (a) The Transportation Agency shall prepare a state
freight plan. The state freight plan shall comply with the relevant
provisions of the federal Moving Ahead for Progress in the 21st
Century Act (MAP-21), Public Law 112-141. The agency shall develop a
state freight plan that provides a comprehensive plan to govern the
immediate and long-range planning activities and capital investments
of the state with respect to the movement of freight.
(b) (1) The agency shall establish a freight advisory committee
consisting of a representative cross section of public and private
sector freight stakeholders, including representatives of ports,
shippers, carriers, freight-related associations, the freight
industry workforce, the California Transportation Commission, the
Department of Transportation, the Public Utilities Commission, the
State Lands Commission, the State Air Resources Board, regional and
local governments, and environmental, safety, and community
organizations.
(2) The freight advisory committee shall do all of the following:
(A) Advise the agency on freight-related priorities, issues,
projects, and funding needs.
(B) Serve as a forum for discussion for state transportation
decisions affecting freight mobility.
(C) Communicate and coordinate regional priorities with other
organizations.
(D) Promote the sharing of information between the private and
public sectors on freight issues.
(E) Participate in the development of the state freight plan.
(c) The state freight plan shall include, at a minimum, all of the
following:
(1) An identification of significant freight system trends, needs,
and issues.
(2) A description of the freight policies, strategies, and
performance measures that will guide freight-related transportation
investment decisions.
(3) A description of how the state freight plan will improve the
ability of California to meet the national freight goals established
under Section 167 of Title 23 of the United States Code.
(4) Evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation systems,
that improve the safety and efficiency of freight movement.
(5) In the case of routes on which travel by heavy vehicles,
including mining, agricultural, energy cargo or equipment, and timber
vehicles, is projected to substantially deteriorate the condition of
roadways, a description of improvements that may be required to
reduce or impede the deterioration.
(6) An inventory of facilities with freight mobility issues, such
as truck bottlenecks within California, and a description of the
strategies California is employing to address those freight mobility
issues.
(d) Notwithstanding Section 10231.5, the state freight plan shall
be submitted to the Legislature, the Governor, the California
Transportation Commission, the Public Utilities Commission, and the
State Air Resources Board on or before December 31, 2014, and every
five years thereafter. The state freight plan shall be submitted
pursuant to Section 9795.
(e) The state freight plan required by this section may be
developed separately from, or incorporated into, the statewide
strategic long-range transportation plan required by Section 135 of
Title 23 of the United States Code.
(f) The freight rail element of the state freight plan
may be developed separately from, or incorporated into, the state
rail plan prepared by the Department of Transportation pursuant to
Section 14036.
SEC. 75. Section 14528.56 of the Government Code is amended to
read:
14528.56. The following shall pertain to local alternative
transportation improvement programs developed and approved pursuant
to Sections 14528.5 and 14528.55:
(a) The department shall maintain a separate account in the state'
s Special Deposit Fund for each approved local alternative
transportation improvement program into which it will deposit the
funds derived from the sale of the respective excess properties
pursuant to subdivision (c) of Section 14528.5 and subdivision (c) of
Section 14528.55. All proceeds received by the department from the
sale of those excess properties that are available pursuant to those
subdivisions for the respective local alternative transportation
improvement programs, less reimbursement for costs incurred by the
department for administration of each account, shall be deposited in
each respective account, along with all interest earnings generated
by the funds in the respective account.
(b) Funds in each account shall be available for expenditure by
the local agencies for projects designated in the respective local
alternative transportation improvement program approved by the
commission pursuant to Section 14528.5 or 14528.55.
(c) This section applies only to State Highway Routes 84 and 238,
and to the local alternative transportation programs approved
pursuant to Section 14528.5 or 14528.55.
(d) Section 14528.8 does not apply to projects undertaken pursuant
to Section 14528.5 or 14528.55.
(e) A local jurisdiction may, with the concurrence of the
appropriate transportation planning agency, the commission, and the
department, advance a project included in the local alternative
transportation improvement programs prior to the availability of
sufficient funds from the sale of respective excess properties,
through the use of its own funds. A project advanced in this manner
shall be deliverable by the state, or by the local jurisdiction
pursuant to agreement, when proposed by the local jurisdiction.
Advancement of a project or projects shall not change the priority
for funding and delivery of all projects within each respective
approved local alternative transportation improvement program.
(f) A local agency may enter into an agreement with the
appropriate transportation planning agency, the department, and the
commission to use its own funds to develop, purchase right-of-way
for, and construct a transportation project within its jurisdiction
if the project is one that is included in the respective local
alternative transportation improvement program and is funded by the
individual account established in the Special Deposit Fund pursuant
to subdivision (a), and meets all of the following requirements:
(1) Pursuant to the agreement, and from funds allocated by the
commission for the project when scheduled in the local alternative
transportation improvement program, the department shall reimburse
the local agency for the actual cost of constructing the project,
including the acquisition of right-of-way. Interest or other debt
service costs incurred by local agencies to finance right-of-way
acquisition or construction for the project are not reimbursable.
Reimbursement made to a local agency pursuant to this subdivision
shall be made from the respective account established in the Special
Deposit Fund.
(2) The amount actually reimbursed to the local agency under
paragraph (1) shall be the amount expended by the local agency for
right-of-way and construction. If the expenditure of local funds does
not result in the completion of an operable segment of a
transportation project, reimbursement shall be limited to the actual
amount expended by the local agency for right-of-way or partial
construction, with no escalation factor.
(3) Pursuant to the agreement, and from funds allocated by the
commission for the project when it was scheduled in the local
respective alternative transportation improvement program, the
department shall reimburse the local agency for the actual cost of
developing the project with local funds pursuant to this subdivision.
Reimbursement of project development costs shall not exceed 20
percent of estimated construction costs. In no case shall this
reimbursement exceed any lesser amount mutually agreed to by the
department, commission, and local agency.
(4) Reimbursements made to local agencies pursuant to this section
for expenditures of local voter-approved sales and use tax revenues
shall be used for the same purposes for which the imposition of the
sales and use tax is authorized.
(5) The commission, in consultation with the department and local
transportation officials, shall develop and adopt guidelines to
implement this subdivision.
(g) At the time of its approval of the respective local
alternative transportation improvement program, the commission, in
consultation with the department and representatives from regional
and local agencies, shall also incorporate, into the state
transportation improvement program guidelines, additional guidelines
specific to the local alterative alternative
transportation improvement program. The additional guidelines
shall include, but need not be limited to, criteria for project
applications, estimation of costs, assessment of capability to
complete the project, allocation of funds to project phases, timely
expenditure of funds, management of changes to cost, scope, and
schedules, assessment of progress in implementing projects, and audit
requirements.
SEC. 76. Section 15920 of the Government Code is amended to read:
15920. Duly authorized team members listed in subdivision (a) of
Section 15914 may exchange intelligence, data, documents,
information, complaints, or lead referrals for the purpose of
investigating criminal tax evasion associated with underground
economic activities. Any member or ex-member of the team, any agent
employed by any agency listed in subdivisions (a) and (b) of Section
15912, 15914, or any person who has at
any time obtained such knowledge from any of the foregoing agencies
or persons shall not divulge, or make known in any manner not
provided by law, any of the confidential information received by, or
reported to, the team. Information exchanged pursuant to this section
shall retain its confidential status and shall remain subject to the
confidentiality provisions contained in the following provisions:
(a) California Health and Human Services Agency: Subdivision (c)
of Section 6254 of this code and Section 14100.2 of the Welfare and
Institutions Code.
(b) Department of Consumer Affairs: Section 30 of the Business and
Professions Code and Section 56.29 of the Civil Code.
(c) Department of Industrial Relations: Sections 11181, 11183, and
15553 of this code, Article 7 (commencing with Section 1877) of
Chapter 12 of Part 2 of Division 1 of the Insurance Code, and
Sections 92, 138.7, 1026, 3762, 6309, 6322, 6396, and 6412 of the
Labor Code.
(d) Department of Insurance: Section 11180 of this code and
Sections 1872.6, 1873, 1874.2, 1875.1, 1877.1, 1877.3, 1877.4, and
1877.5 of the Insurance Code.
(e) Department of Justice: Section 11183.
(f) Department of Motor Vehicles: Sections 1808.2, 1808.4, 1808.5,
1808.6, 1808.21, 1808.24, and 12800.5 of the Vehicle Code.
(g) Employment Development Department: Sections 1094 and 1095 of
the Unemployment Insurance Code.
(h) Franchise Tax Board: Sections 19542, 19542.1, and 19542.3 of
the Revenue and Taxation Code.
(i) State Board of Equalization: Section 15619 of this code,
Section 42464.8 of the Public Resources Code, and Sections 7056,
7056.5, 8255, 9255, 9255.1, 30455, 38705, 38706, 43651, 45981, 45982,
45983, 45984, 46751, 50159, 50160, 50161, 55381, 60608, and 60609 of
the Revenue and Taxation Code.
SEC. 77. Section 41805 of the Government Code is amended to read:
41805. (a) A city attorney who does not, in fact, exercise
prosecutorial responsibilities on behalf of the city or cities by
which he or she is employed shall not be precluded from defending or
assisting in the defense of, or acting as counsel for, any person
accused of any crime except for violation of any ordinance of the
city or cities by which he or she is employed, provided that:
(1) The city or cities by which the city attorney is employed
expressly relieve the city attorney of any and all prosecutorial
responsibilities on its or their behalf; and
(2) The accused has been informed of and expressly waives any
rights created as a result of any potential conflict created by his
or her attorney's position as a city attorney.
(b) Where the above provisions are met, a partner or
associate of a city attorney shall not be prevented from defending or
assisting in the defense of, or acting as counsel for, any person
accused of any crime except for violations of any ordinance of the
city or cities by which his or her partner or associate is employed
as a city attorney.
(c) This section shall not preclude any city
from limiting or prohibiting the private practice of any attorney it
retains or employs.
SEC. 78. Section 53313 of the Government Code is amended to read:
53313. A community facilities district may be established under
this chapter to finance any one or more of the following types of
services within an area:
(a) Police protection services, including, but not limited to,
criminal justice services. However, criminal justice services shall
be limited to providing services for jails, detention facilities, and
juvenile halls.
(b) Fire protection and suppression services, and ambulance and
paramedic services.
(c) Recreation program services, library services, maintenance
services for elementary and secondary schoolsites and structures, and
the operation and maintenance of museums and cultural facilities. A
special tax may be levied for any of the services specified in this
subdivision only upon approval of the registered voters as specified
in subdivision (b) of Section 53326. An election to enact a special
tax for recreation program services, library services, and the
operation and maintenance of museums and cultural facilities may be
conducted pursuant to subdivision (c) of Section 53326.
(d) Maintenance and lighting of parks, parkways, streets, roads,
and open space.
(e) Flood and storm protection services, including, but not
limited to, the operation and maintenance of storm drainage systems,
plowing and removal of snow, and sandstorm protection systems.
(f) Services with respect to removal or remedial action for the
cleanup of any hazardous substance released or threatened to be
released into the environment. As used in this subdivision, the terms
"remedial action" and "removal" shall have the meanings set forth in
Sections 25322 and 25323, respectively, of the Health and Safety
Code, and the term "hazardous substance" shall have the meaning set
forth in Section 25281 of the Health and Safety Code. Community
facilities districts shall provide the State Department of Health
Care Services and local health and building departments
with notification of any cleanup activity pursuant to this
subdivision at least 30 days prior to commencement of the activity.
(g) Maintenance and operation of any real property or other
tangible property with an estimated useful life of five or more years
that is owned by the local agency or by another local agency
pursuant to an agreement entered into under Section 53316.2.
A community facilities district tax approved by vote of the
landowners of the district may only finance the services authorized
in this section to the extent that they are in addition to those
provided in the territory of the district before the district was
created. The additional services shall not supplant services already
available within that territory when the district was created.
Bonds shall not be issued pursuant to this chapter to fund any of
the services specified in this section, although bonds may be issued
to fund capital facilities to be used in providing these services.
SEC. 79. Section 57118 of the Government Code is amended to read:
57118. In any resolution ordering a change of organization or
reorganization subject to the confirmation of the voters, the
commission shall determine that an election will be held:
(a) Within the territory of each city or district ordered to be
incorporated, formed, disincorporated, dissolved , or
consolidated.
(b) Within the entire territory of each district ordered to be
merged with or established as a subsidiary district of a city, or
both within the district and within the entire territory of the city
outside the boundaries of the district.
(c) If the executive officer certifies a petition pursuant to
Section 57108 or 57109, within the territory of the district ordered
to be merged with or established as a subsidiary district of a city.
(d) Within the territory ordered to be annexed or detached.
(e) If ordered by the commission pursuant to Section 56876 or
56759, both within the territory ordered to be annexed or detached
and within all or the part of the city or district which is outside
of the territory.
(f) If the election is required by Section
subdivision (b) of Section 57077.4, separately within the territory
of each affected district that has filed a petition meeting the
requirements of subdivision (b) of Section 57077.4.
SEC. 80. Section 70377 of the Government Code is amended to read:
70377. (a) Any amounts Amounts
required to be transmitted by a county or
county, city and county, or court to the state pursuant to this
section shall be remitted to the State Treasurer no later than 45
days after the end of the month in which the fees, assessments, or
penalties were collected. This remittance shall be accompanied by
a remittance advice identifying the collection
month and the appropriate account in the State Court Facilities
Construction Fund or the Immediate and Critical Needs Account of the
State Court Facilities Construction Fund to which it is to be
deposited. Any remittance made later than this time shall be
considered delinquent and subject to the interest and penalties
specified in this section.
(b) Upon receipt of any delinquent payment
required pursuant to this section, the Controller shall do the
following:
(1) Calculate the interest on the delinquent payment by
multiplying the amount of the delinquent payment at a daily rate
equivalent to the rate of return on money deposited in the Local
Agency Investment Fund pursuant to Section 16429.1 from the date the
payment was originally due to either 30 days after the date of the
issuance by the Controller of the final audit report concerning the
failure to pay or the date of payment by the entity responsible for
the delinquent payment, whichever comes first. In calculating the
interest under this paragraph, the Controller shall apply the average
monthly Local Agency Investment Fund rate over the period of
delinquency.
(2) Calculate a penalty at a daily rate equivalent to 11/2 percent
per month from the date 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay.
(c) Interest or penalty amounts calculated pursuant to subdivision
(b) shall be paid by the county, city and county, or court to the
State Court Facilities Construction Fund or the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, whichever is appropriate, no later than 45 days after the end
of the month in which the interest or penalty was calculated. Payment
shall be made by the entity responsible for the error or other
action that caused the failure to pay, as determined by the
Controller in a notice given to that party by the Controller.
(d) Notwithstanding Section 77009, the court may pay any penalty
or interest imposed pursuant to this section due to an error or other
action by the court from money received from the Trial Court Trust
Fund. This section does not require an increase in a court's
allocation from the Trial Court Trust Fund.
(e) The Controller may permit a county, city and county, or court
to pay the interest or penalty amounts according to a payment
schedule in the event of a large interest or penalty amount that
causes a hardship to the paying entity.
(f) The party responsible for the error or other action that
caused the failure to pay may include, but is not limited to, the
party that collected the funds who is not the party responsible for
remitting the funds to the State Court Facilities Construction Fund
or the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, if the collecting party failed to
provide or delayed providing the remitting party with sufficient
information needed by the remitting party to distribute the funds.
(g) The changes made to this section by the act adding
this subdivision Chapter 452 of the Statutes of 2013
shall apply to all delinquent payments for which the Controller
has not issued a final audit before January 1, 2014.
SEC. 81. Section 1275.3 of the Health and Safety Code, as amended
by Section 4 of Chapter 722 of the Statutes of 2013, is amended to
read:
1275.3. (a) The State Department of Public Health and the State
Department of Developmental Services shall jointly develop and
implement licensing regulations appropriate for an
intermediate care facility/developmentally disabled-nursing and
an intermediate care facility/developmentally
disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall
ensure that residents of an intermediate care
facility/developmentally disabled-nursing and an
intermediate care facility/developmentally disabled-continuous
nursing receive appropriate medical and nursing services, and
developmental program services in a normalized, least restrictive
physical and programmatic environment appropriate to individual
resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and
developmental assessment of placement needs, including medical and
other needs, and the degree to which they are being met, of clients
placed in an intermediate care facility/developmentally
disabled-nursing and an intermediate care
facility/developmentally disabled-continuous nursing and for the
monitoring of these needs at regular intervals.
(2) Provide for maximum utilization of generic community resources
by clients residing in a facility.
(3) Require the State Department of Developmental Services to
review and approve an applicant's facility program plan as a
prerequisite to the licensing and certification process.
(4) Require that the physician providing the certification that
placement in the intermediate care facility/developmentally
disabled-nursing or intermediate care facility/developmentally
disabled-continuous nursing is needed, consult with the physician who
was is the physician of record at the
time the person's proposed placement is being considered by the
interdisciplinary team.
(c) Until the departments adopt regulations pursuant to this
section relating to services by an intermediate care
facilities facility /developmentally
disabled-nursing, the licensed intermediate care
facilities/developmentally disabled-nursing shall comply with federal
certification standards for intermediate care facilities for
individuals with intellectual disabilities, as specified in Sections
483.400 to 483.480, inclusive, of Title 42 of the Code of Federal
Regulations, in effect immediately preceding January 1, 2013.
(d) Nothing in this This
section supersedes shall not supersede
the authority of the State Fire Marshal pursuant to Sections 13113,
13113.5, 13143, and 13143.6 to the extent that these sections are
applicable to community care facilities.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 82. Section 1275.3 of the Health and Safety Code, as added by
Section 5 of Chapter 722 of the Statutes of 2013, is amended to
read:
1275.3. (a) The State Department of Public Health and the State
Department of Developmental Services shall jointly develop and
implement licensing regulations appropriate for an
intermediate care facility/developmentally disabled-nursing and
an intermediate care facility/developmentally
disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall
ensure that residents of an intermediate care
facility/developmentally disabled-nursing and an
intermediate care facility/developmentally disabled-continuous
nursing receive appropriate medical and nursing services, and
developmental program services in a normalized, least restrictive
physical and programmatic environment appropriate to individual
resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and
developmental assessment of placement needs, including medical and
other needs, and the degree to which they are being met, of clients
placed in an intermediate care facility/developmentally
disabled-nursing and an intermediate care
facility/developmentally disabled-continuous nursing and for the
monitoring of these needs at regular intervals.
(2) Provide for maximum utilization of generic community resources
by clients residing in a facility.
(3) Require the State Department of Developmental Services to
review and approve an applicant's program plan as part of the
licensing and certification process.
(4) Require that the
physician providing the certification that placement in the
intermediate care facility/developmentally disabled-nursing or
intermediate care facility/developmentally disabled-continuous
nursing is needed, consult with the physician who was
is the physician of record at the time the
person's proposed placement is being considered by the
interdisciplinary team.
(c) Regulations developed pursuant to this section shall include
licensing fee schedules appropriate to facilities which will
encourage their development.
(d) Nothing in this This section
supersedes shall not supersede the
authority of the State Fire Marshal pursuant to Sections 13113,
13113.5, 13143, and 13143.6 to the extent that these sections are
applicable to community care facilities.
(e) This section shall become operative on January 1, 2018.
SEC. 83. Section 1357.51 of the Health and Safety Code is amended
to read:
1357.51. (a) A health benefit plan for group coverage shall not
impose any a preexisting condition
provision or waivered condition provision upon any
an enrollee.
(b) (1) A nongrandfathered health benefit plan for individual
coverage shall not impose any a
preexisting condition provision or waivered condition provision upon
any an enrollee.
(2) A grandfathered health benefit plan for individual coverage
shall not exclude coverage on the basis of a waivered condition
provision or preexisting condition provision for a period greater
than 12 months following the enrollee's effective date of coverage,
nor limit or exclude coverage for a specific enrollee by type of
illness, treatment, medical condition, or accident, except for
satisfaction of a preexisting condition provision or waivered
condition provision pursuant to this article. Waivered condition
provisions or preexisting condition provisions contained in
individual grandfathered health benefit plans may relate only to
conditions for which medical advice, diagnosis, care, or treatment,
including use of prescription drugs, was recommended or received from
a licensed health practitioner during the 12 months immediately
preceding the effective date of coverage.
(3) If Section 5000A of the Internal Revenue Code, as added by
Section 1501 of PPACA, is repealed or amended to no longer apply to
the individual market, as defined in Section 2791 of the Public
Health Service Act (42 U.S.C. Sec. 300gg-4)
300gg-91(e)) , paragraph (1) shall become inoperative 12 months
after the date of that repeal or amendment and thereafter paragraph
(2) shall apply also to nongrandfathered health benefit plans for
individual coverage.
(c) (1) A health benefit plan for group coverage may apply a
waiting period of up to 60 days as a condition of employment if
applied equally to all eligible employees and dependents and if
consistent with PPACA. A health benefit plan for group coverage
through a health maintenance organization, as defined in Section 2791
of the federal Public Health Service Act (42 U.S.C. Sec.
300gg-3(e)) 300gg-91(b)(3)) , shall not impose
any affiliation period that exceeds 60 days. A waiting or affiliation
period shall not be based on a preexisting condition of an employee
or dependent, the health status of an employee or dependent, or any
other factor listed in Section 1357.52. An affiliation period shall
run concurrently with a waiting period. During the waiting or
affiliation period, the plan is not required to provide health care
services and no a premium shall
not be charged to the subscriber or enrollees.
(2) A health benefit plan for individual coverage shall not impose
any a waiting or affiliation period.
(d) In determining whether a preexisting condition provision, a
waivered condition provision, or a waiting or affiliation period
applies to an enrollee, a plan shall credit the time the enrollee was
covered under creditable coverage, provided that the enrollee
becomes eligible for coverage under the succeeding plan contract
within 62 days of termination of prior coverage, exclusive of any
waiting or affiliation period, and applies for coverage under the
succeeding plan within the applicable enrollment period. A plan shall
also credit any time that an eligible employee
must wait before enrolling in the plan, including any postenrollment
or employer-imposed waiting or affiliation period.
However, if a person's employment has ended, the availability of
health coverage offered through employment or sponsored by an
employer has terminated, or an employer's contribution toward health
coverage has terminated, a plan shall credit the time the person was
covered under creditable coverage if the person becomes eligible for
health coverage offered through employment or sponsored by an
employer within 180 days, exclusive of any a
waiting or affiliation period, and applies for coverage under
the succeeding plan contract within the applicable enrollment period.
(e) An individual's period of creditable coverage shall be
certified pursuant to Section 2704(e) of Title XXVII of the federal
Public Health Service Act (42 U.S.C. Sec. 300gg-3(e)).
SEC. 84. Section 1367.006 of the Health and Safety Code is amended
to read:
1367.006. (a) This section shall apply to nongrandfathered
individual and group health care service plan contracts that provide
coverage for essential health benefits, as defined in Section
1367.005, and that are issued, amended, or renewed on or after
January 1, 2015.
(b) (1) For nongrandfathered health care service plan contracts in
the individual or small group markets, a health care service plan
contract, except a specialized health care service plan contract,
that is issued, amended, or renewed on or after January 1, 2015,
shall provide for a limit on annual out-of-pocket expenses for all
covered benefits that meet the definition of essential health
benefits in Section 1367.005, including out-of-network emergency care
consistent with Section 1317.4 1371.4
.
(2) For nongrandfathered health care service plan contracts in the
large group market, a health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, or renewed on or after January 1, 2015, shall provide for a
limit on annual out-of-pocket expenses for covered benefits,
including out-of-network emergency care consistent with Section
1371.4. This limit shall only apply to essential health benefits, as
defined in Section 1367.005, that are covered under the plan to the
extent that this provision does not conflict with federal law or
guidance on out-of-pocket maximums for nongrandfathered health care
service plan contracts in the large group market.
(c) (1) The limit described in subdivision (b) shall not exceed
the limit described in Section 1302(c) of PPACA, and any subsequent
rules, regulations, or guidance issued under that section.
(2) The limit described in subdivision (b) shall result in a total
maximum out-of-pocket limit for all essential health benefits equal
to the dollar amounts in effect under Section 223(c)(2)(A)(ii) of the
Internal Revenue Code of 1986 with the dollar amounts adjusted as
specified in Section 1302(c)(1)(B) of PPACA.
(d) Nothing in this This section
shall not be construed to affect the reduction in cost
sharing for eligible enrollees described in Section 1402 of PPACA,
and any subsequent rules, regulations, or guidance issued under that
section.
(e) If an essential health benefit is offered or provided by a
specialized health care service plan, the total annual out-of-pocket
maximum for all covered essential benefits shall not exceed the limit
in subdivision (b). This section shall not apply to a specialized
health care service plan that does not offer an essential health
benefit as defined in Section 1367.005.
(f) The maximum out-of-pocket limit shall apply to any copayment,
coinsurance, deductible, and any other form of cost sharing for all
covered benefits that meet the definition of essential health
benefits in Section 1367.005.
(g) For nongrandfathered health plan contracts in the group
market, "plan year" has the meaning set forth in Section 144.103 of
Title 45 of the Code of Federal Regulations. For nongrandfathered
health plan contracts sold in the individual market, "plan year"
means the calendar year.
(h) "PPACA" means the federal Patient Protection and Affordable
Care Act (Public Law 111-148), as amended by the federal Health Care
and Education Reconciliation Act of 2010 (Public Law 111-152), and
any rules, regulations, or guidance issued thereunder.
SEC. 85. Section 1375.9 of the Health and Safety Code is amended
to read:
1375.9. (a) A health care service plan shall ensure that
there is at least one full-time equivalent primary care
physician for every 2,000 enrollees of the plan. The number of
enrollees per primary care physician may be increased by up to 1,000
additional enrollees for each full-time equivalent nonphysician
medical practitioner supervised by that primary care physician.
(b) This section shall not require a primary care physician to
accept an assignment of enrollees by a health care service plan
without his or her approval, or that would be contrary to paragraph
(2) of subdivision (b) of Section 1375.7.
(c) Nothing in this This section
shall be interpreted to does not modify
subdivision (e) of Section 2836.1 of the Business and Professions
Code or subdivision (b) of Section 3516 of the Business and
Professions Code.
(d) For purposes of this section, a primary care provider includes
a "nonphysician medical practitioner," which is defined as a
physician assistant performing services under the supervision of a
primary care physician in compliance with Chapter 7.7 (commencing
with Section 3500) of Division 2 of the Business and Professions Code
or a nurse practitioner performing services in collaboration with a
physician pursuant to Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 86. Section 1562.3 of the Health and Safety Code is amended
to read:
1562.3. (a) The Director of Social Services, in consultation with
the Director of Health Care Services and the Director of
Developmental Services, shall establish a training program to ensure
that licensees, operators, and staffs of adult residential care
facilities, as defined in paragraph (1) of subdivision (a) of Section
1502, have appropriate training to provide the care and services for
which a license or certificate is issued. The training program shall
be developed in consultation with provider organizations.
(b) (1) An administrator of an adult residential care facility, as
defined in paragraph (1) of subdivision (a) of Section 1502, shall
successfully complete a department-approved certification program
pursuant to subdivision (c) prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with
both the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(c) (1) The administrator certification program shall require a
minimum of 35 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Use, misuse, and interaction of medication commonly used by
facility residents.
(H) Resident admission, retention, and assessment procedures.
(I) Nonviolent crisis intervention for administrators.
(J) Cultural competency and sensitivity in issues relating to the
underserved aging lesbian, gay, bisexual, and transgender community.
(2) The requirement for 35 hours of classroom instruction pursuant
to this subdivision shall not apply to persons who were employed as
administrators prior to July 1, 1996. A person holding the position
of administrator of an adult residential facility on June 30, 1996,
shall file a completed application for certification with the
department on or before April 1, 1998. In order to be exempt from the
35-hour training program and the test component, the application
shall include documentation showing proof of continuous employment as
the administrator of an adult residential facility between, at a
minimum, June 30, 1994, and June 30, 1996. An administrator of an
adult residential facility who became certified as a result of
passing the department-administered challenge test, that was offered
between October 1, 1996, and December 23, 1996, shall be deemed to
have fulfilled the requirements of this paragraph.
(3) Unless an extension is granted to the applicant by the
department, an applicant for an administrator's certificate shall,
within 60 days of the applicant's completion of classroom
instruction, pass the written test provided in this section.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current clearance on file.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of an adult residential facility. A person willfully making any false
representation as being a certified administrator is guilty of a
misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is an adult residential facility
administrator and who is required to complete the continuing
education hours required by the regulations of the State Department
of Developmental Services, and approved by the regional center, shall
be permitted to have up to 24 of the required continuing education
course hours credited toward the 40-hour continuing education
requirement of this section. Community college course hours approved
by the regional centers shall be accepted by the department for
certification.
(2) Every licensee and administrator of an adult residential
facility is required to complete the continuing education
requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall submit proof of compliance with
paragraphs (1) and (2) of subdivision (f) and
shall pay a fee in an amount equal to the renewal fee, plus the
delinquency fee, if any, accrued at the time of its revocation or
suspension. Delinquency fees, if any, accrued subsequent to the time
of its revocation or suspension and prior to an order for
reinstatement, shall be waived for one year to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The certificate shall be considered forfeited under the
following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1550.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1522 or Section
1558.
(h) (1) The department, in consultation with the State Department
of Health Care Services and the State Department of Developmental
Services, shall establish, by regulation, the program content, the
testing instrument, the process for approving certification training
programs, and criteria to be used in authorizing individuals,
organizations, or educational institutions to conduct certification
training programs and continuing education courses. These regulations
shall be developed in consultation with provider organizations, and
shall be made available at least six months prior to the deadline
required for certification. The department may deny vendor approval
to any agency or person in any of the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (i).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in adult residential
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in adult
residential facilities and to pay directly for the services. The
department may deny vendorization to this type of agency only as long
as there are other vendor programs available to conduct the
certification training programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the intent of this section, the department
shall take appropriate action to bring the program into compliance,
which may include removing the vendor from the approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years to certification program
vendors for review and approval of the initial 35-hour training
program pursuant to subdivision (c). The department may also charge
the vendor a fee not to exceed one hundred dollars ($100) every two
years for the review and approval of the continuing education courses
needed for recertification pursuant to this subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this This
subdivision shall not prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
SEC. 87. Section 1796.24 of the Health and Safety Code is amended
to read:
1796.24. (a) (1) The department shall establish a home care aide
registry pursuant to this chapter and shall continuously update the
registry information. Upon submission of the home care aid
aide application and fingerprints or other
identification documents pursuant to Section 1796.23, the department
shall enter into the home care aide registry the person's name,
identification number, and an indicator that the person has submitted
a home care aide application and fingerprints or identification
documentation. This person shall be known as a "home care aide
applicant."
(2) A person shall not be entitled to apply to be a registered
home care aide and shall have his or her registration application
returned without the right to appeal if the person would not be
eligible to obtain a license pursuant to Section 1558.1.
(b) (1) Before approving an individual for registration, the
department shall check the individual's criminal history pursuant to
Section 1522. Upon completion of the searches of the state summary
criminal offender record information and the records of the Federal
Bureau of Investigation, the applicant shall be issued a criminal
record clearance or granted a criminal record exemption if grounds do
not exist for denial pursuant to Section 1522. The department shall
enter that finding in the person's record in the home care aide
registry and shall notify the person of the action. This person shall
be known as an "independent home care aide" or an "affiliated home
care aide." If the applicant meets all of the conditions for
registration, except receipt of the Federal Bureau of Investigation's
criminal offender record information search response, the department
may issue a clearance if the applicant has signed and submitted a
statement that he or she has never been convicted of a crime in the
United States, other than a minor traffic violation. If, after
approval, the department determines that the registrant has a
criminal record, registration may be revoked pursuant to Section
1796.26.
(2) For purposes of compliance with this section, the department
may permit an applicant to request the transfer of a current criminal
record clearance or exemption for a licensed care facility issued by
the department or a county with delegated licensing authority. A
signed criminal record clearance or exemption transfer request shall
be submitted to the department and shall include a copy of the person'
s driver's license or valid identification card issued by the
Department of Motor Vehicles, or a valid photo identification issued
by another state or the United States government if the person is not
a California resident. Upon request of the licensee, who shall
enclose a self-addressed envelope for this purpose, the State
Department of Social Services shall verify whether the individual has
a clearance or exemption that can be transferred pursuant to the
requirements of this chapter.
(3) The State Department of Social Services shall hold
criminal record clearances and exemptions in its active files for a
minimum of three years after the individual is no longer on the
registry in order to facilitate a transfer request.
SEC. 88. Section 11379 of the Health and Safety Code is amended to
read:
11379. (a) Except as otherwise provided in subdivision (b) and
in Article 7 (commencing with Section 4211)
4110) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
controlled substance which is (1) classified in Schedule III, IV, or
V and which is not a narcotic drug, except subdivision (g) of Section
11056, (2) specified in subdivision (d) of Section 11054, except
paragraphs (13), (14), (15), (20), (21), (22), and (23) of
subdivision (d), (3) specified in paragraph (11) of subdivision (c)
of Section 11056, (4) specified in paragraph (2) or (3) of
subdivision (f) of Section 11054, or (5) specified in subdivision (d)
or (e), except paragraph (3) of subdivision (e), or specified in
subparagraph (A) of paragraph (1) of subdivision (f), of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for a period of two, three, or four
years.
(b) Notwithstanding the penalty provisions of subdivision (a),
any person who transports any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, six, or
nine years.
(c) For purposes of this section, "transports" means to transport
for sale.
(d) Nothing in this section is intended to
This section does not preclude or limit prosecution under an
aiding and abetting theory or a conspiracy theory.
SEC. 89. Section 11751 of the Health and Safety Code is amended to
read:
11751. (a) Except as provided in Section 131055.2, the State
Department of Health Care Services shall succeed to and be vested
with all the duties, powers, purposes, functions, responsibilities,
and jurisdiction of the former State Department of Alcohol and Drug
Programs.
(b) Any reference in statute, regulation, or contract to the State
Department of Alcohol and Drug Programs or the State Department of
Alcohol and Drug Abuse shall refer to the State Department of Health
Care Services to the extent that they relate to the transfer of
duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
(c) No A contract, lease,
license, or any other agreement to which the State Department of
Alcohol and Drug Programs is a party shall not be made
void or voidable by reason of the act that enacted this section, but
shall continue in full force and effect with the State Department of
Health Care Services assuming all of the rights, obligations, and
duties of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section.
(d) (1) All unexpended balances of appropriations and other funds
available for use by the State Department of Alcohol and Drug
Programs in connection with any function or the administration of any
law transferred to the State Department of Health Care Services
pursuant to the act that enacted this section shall be available for
use by the State Department of Health Care Services for the purpose
for which the appropriation was originally made or the funds were
originally available.
(2) The State Department of Health Care Services may, until July
1, 2017, liquidate the prior years' encumbrances previously obligated
by the former State Department of Alcohol and Drug Programs. The
Controller shall transfer the following Budget Act appropriations
from the former State Department of Alcohol and Drug Programs to the
State Department of Health Care Services for use by the State
Department of Health Care Services to liquidate the prior years'
encumbrances previously obligated by the former State Department of
Alcohol and Drug Programs:
(A) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-102-0001, 4200-103-0001, 4200-104-0001, and
4200-104-0890 of Section 2.00 of the Budget Act of 2011 (Chapter 33
of the Statues Statutes of 2011).
(B) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-104-0001, and 4200-104-0890 of Section 2.00 of
the Budget Act of 2012 (Chapter 21 of the Statutes of 2012).
(e) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Health Care Services.
(f) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Health Care Services.
(g) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Health Care Services pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of those persons shall not be affected by their transfer and
shall continue to be retained by them pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all employees transferred pursuant to this
section shall be transferred to the State Department of Health Care
Services.
(h) Any regulation or other action adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, power, purpose, function, or
responsibility pursuant to this division or Division 10.6 (commencing
with Section 11998) in effect prior to July 1, 2013, shall remain in
effect unless or until amended, and shall be deemed to be a
regulation or action of the agency to which or officer to whom the
program, duty, power, purpose, function, responsibility, or
jurisdiction is assigned pursuant to this section.
(i) No A suit, action, or other
proceeding lawfully commenced by or against any agency or other
officer of the state, in relation to the administration of any
program or the discharge of any duty, power, purpose, function, or
responsibility transferred pursuant to this section, shall not
abate by reason of the transfer of the program, duty, power,
purpose, function, or responsibility under that section.
SEC. 90. Section 25249.7 of the Health and Safety Code is amended
to read:
25249.7. (a) A person who violates or threatens to violate
Section 25249.5 or 25249.6 may be enjoined in any court of competent
jurisdiction.
(b) (1) A person who has violated Section 25249.5 or 25249.6 is
liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) per day for each violation in addition to any other
penalty established by law. That civil penalty may be assessed and
recovered in a civil action brought in any court of competent
jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of
this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with
this chapter and the time these measures were taken.
(E) The willfulness of the violator's misconduct.
(F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the
Attorney General in the name of the people of the State of
California, by a district attorney, by a city attorney of a city
having a population in excess of 750,000, or, with the consent of the
district attorney, by a city prosecutor in a city or city and county
having a full-time city prosecutor, or as provided in subdivision
(d).
(d) Actions pursuant to this section may be brought by a person in
the public interest if both of the following requirements are met:
(1) The private action is commenced more than 60 days from the
date that the person has given notice of an alleged violation of
Section 25249.5 or 25249.6 that is the subject of the private action
to the Attorney General and the district attorney, city attorney, or
prosecutor in whose jurisdiction the violation is alleged to have
occurred, and to the alleged violator. If the notice alleges a
violation of Section 25249.6, the notice of the alleged violation
shall include a certificate of merit executed by the attorney for the
noticing party, or by the noticing party, if the noticing party is
not represented by an attorney. The certificate of merit shall state
that the person executing the certificate has consulted with one or
more persons with relevant and appropriate experience or expertise
who has reviewed facts, studies, or other data regarding the exposure
to the listed chemical that is the subject of the action, and that,
based on that information, the person executing the certificate
believes there is a reasonable and meritorious case for the private
action. Factual information sufficient to establish the basis of the
certificate of merit, including the information identified in
paragraph (2) of subdivision (h), shall be attached to the
certificate of merit that is served on the Attorney General.
(2) Neither the The
Attorney General, a district attorney, a city attorney, nor
or a prosecutor has not commenced and
is not diligently prosecuting an action against the
violation.
(e) A person bringing an action in the public interest pursuant to
subdivision (d) and a person filing an action in which a violation
of this chapter is alleged shall notify the Attorney General that the
action has been filed. Neither this subdivision nor the procedures
provided in subdivisions (f) to (k), inclusive, affect the
requirements imposed by statute or a court decision in existence on
January 1, 2002, concerning whether a person filing an action in
which a violation of this chapter is alleged is required to comply
with the requirements of subdivision (d).
(f) (1) A person filing an action in the public interest pursuant
to subdivision (d), a private person filing an action in which a
violation of this chapter is alleged, or a private person settling a
violation of this chapter alleged in a notice given pursuant to
paragraph (1) of subdivision (d), shall, after the action or
violation is subject either to a settlement or to a judgment, submit
to the Attorney General a reporting form that includes the results of
that settlement or judgment and the final disposition of the case,
even if dismissed. At the time of the filing of a judgment pursuant
to an action brought in the public interest pursuant to subdivision
(d), or an action brought by a private person in which a violation of
this chapter is alleged, the plaintiff shall file an affidavit
verifying that the report required by this subdivision has been
accurately completed and submitted to the Attorney General.
(2) A person bringing an action in the public interest pursuant to
subdivision (d), or a private person bringing an action in which a
violation of this chapter is alleged, shall, after the action is
either subject to a settlement, with or without court approval, or to
a judgment, submit to the Attorney General a report that includes
information on any corrective action being taken as a part of the
settlement or resolution of the action.
(3) The Attorney General shall develop a reporting form that
specifies the information that shall be reported, including, but not
limited to, for purposes of subdivision (e), the date the action was
filed, the nature of the relief sought, and for purposes of this
subdivision, the amount of the settlement or civil penalty assessed,
other financial terms of the settlement, and any other information
the Attorney General deems appropriate.
(4) If there is a settlement of an action brought by a person in
the public interest under subdivision (d), the plaintiff shall submit
the settlement, other than a voluntary dismissal in which no
consideration is received from the defendant, to the court for
approval upon noticed motion, and the court may approve the
settlement only if the court makes all of the following findings:
(A) The warning that is required by the settlement complies with
this chapter.
(B) The award of attorney's fees is reasonable under California
law.
(C) The penalty amount is reasonable based on the criteria set
forth in paragraph (2) of subdivision (b).
(5) The plaintiff subject to paragraph (4) has the burden of
producing evidence sufficient to sustain each required finding. The
plaintiff shall serve the motion and all supporting papers on the
Attorney General, who may appear and participate in a proceeding
without intervening in the case.
(6) Neither this subdivision nor the procedures provided in
subdivision (e) and subdivisions (g) to (k), inclusive, affect the
requirements imposed by statute or a court decision in existence on
January 1, 2002, concerning whether claims raised by a person or
public prosecutor not a party to the action are precluded by a
settlement approved by the court.
(g) The Attorney General shall maintain a record of the
information submitted pursuant to subdivisions (e) and (f) and shall
make this information available to the public.
(h) (1) Except as provided in paragraph (2), the basis for the
certificate of merit required by subdivision (d) is not discoverable.
However, nothing in this subdivision precludes the discovery of
information related to the certificate of merit if that information
is relevant to the subject matter of the action and is otherwise
discoverable, solely on the ground that it was used in support of the
certificate of merit.
(2) Upon the conclusion of an action brought pursuant to
subdivision (d) with respect to a defendant, if the trial court
determines that there was no actual or threatened exposure to a
listed chemical, the court may, upon the motion of that alleged
violator or upon the court's own motion, review the basis for the
belief of the person executing the certificate of merit, expressed in
the certificate of merit, that an exposure to a listed chemical had
occurred or was threatened. The information in the certificate of
merit, including the identity of the persons consulted with and
relied on by the certifier, and the facts, studies, or other data
reviewed by those persons, shall be disclosed to the court in an
in-camera proceeding at which the moving party shall not be present.
If the court finds that there was no credible factual basis for the
certifier's belief that an exposure to a listed chemical had occurred
or was threatened, then the action shall be deemed frivolous within
the meaning of Section 128.7 of the Code of Civil Procedure. The
court shall not find a factual basis credible on the basis of a legal
theory of liability that is frivolous within the meaning of Section
128.7 of the Code of Civil Procedure.
(i) The Attorney General may provide the factual information
submitted to establish the basis of the certificate of merit on
request to a district attorney, city attorney, or prosecutor within
whose jurisdiction the violation is alleged to have occurred, or to
any other state or federal government agency, but in all other
respects the Attorney General shall maintain, and ensure that all
recipients maintain, the submitted information as confidential
official information to the full extent authorized in Section 1040 of
the Evidence Code.
(j) In an action brought by the Attorney General, a district
attorney, a city attorney, or a prosecutor pursuant to this chapter,
the Attorney General, district attorney, city attorney, or prosecutor
may seek and recover costs and attorney's fees on behalf of a party
who provides a notice pursuant to subdivision (d) and who renders
assistance in that action.
(k) Any A person who serves a notice
of alleged violation pursuant to paragraph (1) of subdivision (d)
for an exposure identified in subparagraph (A), (B), (C), or (D) of
paragraph (1) shall complete, as appropriate, and provide to the
alleged violator, a notice of special compliance procedure and proof
of compliance form pursuant to subdivision (l) and shall not file an
action for that exposure against the alleged violator, or recover
from the alleged violator in a settlement any payment in lieu of
penalties or any reimbursement for costs and attorney's fees, if all
of the following conditions have been met:
(1) The notice given pursuant to paragraph (1) of subdivision (d)
was served on or after the effective date of the act
amending this section during the 2013-14 Regular Session
October 5, 2013, and alleges that the alleged violator
failed to provide clear and reasonable warning as required under
Section 25249.6 regarding one or more of the following, and no other
violation:
(A) An exposure to alcoholic beverages that are consumed on the
alleged violator's premises , to the extent onsite
consumption is permitted by law.
(B) An exposure to a chemical known to the state to cause cancer
or reproductive toxicity in a food or beverage prepared and sold on
the alleged violator's premises primarily intended for immediate
consumption on or off premises, to the extent of
both of the following conditions apply :
(i) The chemical was not intentionally added.
(ii) The chemical was formed by cooking or similar preparation of
food or beverage components necessary to render the food or beverage
palatable or to avoid microbiological contamination.
(C) An exposure to environmental tobacco smoke caused by the
entry of persons (other than employees)
persons, other than employees, on premises owned or operated
by the alleged violator where smoking is permitted at any location on
the premises.
(D) An exposure to chemicals known to the state to cause cancer or
reproductive toxicity in engine exhaust, to the extent the exposure
occurs inside a facility owned or operated by the alleged violator
and primarily intended for parking noncommercial vehicles.
(2) Within 14 days after service of the notice, the alleged
violator has done all of the following:
(A) Corrected the alleged violation.
(B) (i) Agreed to pay a civil penalty for the alleged violation of
Section 25496.6 25249.6 in the amount
of five hundred dollars ($500), to be adjusted quinquennially
pursuant to clause (ii), per facility or premises where the alleged
violation occurred, of which 75 percent shall be deposited in the
Safe Drinking Water and Toxic Enforcement Fund, and 25 percent shall
be paid to the person that served the notice as provided in Section
25249.12.
(ii) On April 1, 2019, and at each five-year interval thereafter,
the dollar amount of the civil penalty provided pursuant to this
subparagraph shall be adjusted by the Judicial Council based on the
change in the annual California Consumer Price Index for All Urban
Consumers, published by the Department of Industrial Relations,
Division of Labor Statistics, for the most recent five-year period
ending on December 31 of the year preceding the year in which the
adjustment is made, rounded to the nearest five dollars ($5). The
Judicial Council shall quinquennially publish the dollar amount of
the adjusted civil penalty provided pursuant to this subparagraph,
together with the date of the next scheduled adjustment.
(C) Notified, in writing, the person that served the notice of the
alleged violation, that the violation has been corrected. The
written notice shall include the notice of special compliance
procedure and proof of compliance form specified in subdivision (l),
which was provided by the person serving notice of the alleged
violation and which shall be completed by the alleged violator as
directed in the notice.
(3) The alleged violator shall deliver the civil penalty to the
person that served the notice of the alleged violation within 30 days
of service of that notice, and the person that served the notice of
violation shall remit the portion of the penalty due to the Safe
Drinking Water and Toxic Enforcement Fund within 30 days of receipt
of the funds from the alleged violator.
( l ) The notice required to be provided to an alleged
violator pursuant to subdivision (k) shall be presented as follows:
GRAPHIC INSERT HERE: SEE PRINTED VERSION OF THE BILL]
(m) An alleged violator may satisfy the conditions set forth in
subdivision (k) only one time for a violation arising from the same
exposure in the same facility or on the same premises.
(n) Nothing in subdivision Subdivision
(k) shall not prevent the Attorney General, a
district attorney, a city attorney, or a prosecutor in whose
jurisdiction the violation is alleged to have occurred from filing an
action pursuant to subdivision (c) against an alleged violator. In
any such action, the amount of any civil penalty for a violation
shall be reduced to reflect any payment made by the alleged violator
for the same alleged violation pursuant to subparagraph (B) of
paragraph (2) of subdivision (k).
SEC. 91. Section 25269.1 of the Health and Safety Code is amended
to read:
25269.1. For purposes of this article,
chapter, the following terms have the following meaning:
(a) "Department" means the Department of Toxic Substances
Control.
(b) "Direct oversight costs" means the costs to the department of
overseeing a cleanup action, pursuant to the authority specified in
subdivision (a) of Section 25269.2, that can be specifically
attributed to a particular cost objective, including, but not limited
to, sites, facilities, and activities.
(c) "Indirect oversight costs" means the costs to the department
of activity that is of a common or joint purpose benefiting more than
one cost objective and not readily assignable to a single case
objective.
(d) "Pro rata" means the general administrative costs expended by
central service agencies to provide centralized services to state
agencies, as defined in the State Administrative Manual.
SEC. 92. Section 121022 of the Health and Safety Code is amended
to read:
121022. (a) To ensure knowledge of current trends in the HIV
epidemic and to ensure that California remains competitive for
federal HIV and AIDS funding, health care providers and laboratories
shall report cases of HIV infection to the local health officer using
patient names on a form developed by the department. Both the local
health officer and the department shall be authorized to access
reports of HIV infection that are electronically submitted by
laboratories pursuant to subdivision (g) of Section 120130. Local
health officers shall report unduplicated HIV cases by name to the
department on a form developed by the department.
(b) (1) Health care providers and local health officers shall
submit cases of HIV infection pursuant to subdivision (a) by courier
service, United States Postal Service express mail or registered
mail, other traceable mail, person-to-person transfer, facsimile, or
electronically by a secure and confidential electronic reporting
system established by the department.
(2) This subdivision shall be implemented using the existing
resources of the department.
(c) The department and local health officers shall ensure
continued reasonable access to anonymous HIV testing through
alternative testing sites, as established by Section 120890, and in
consultation with HIV planning groups and affected stakeholders,
including representatives of persons living with HIV and health
officers.
(d) The department shall promulgate emergency regulations to
conform the relevant provisions of Article 3.5 (commencing with
Section 2641.5) of Subchapter 1 of Chapter 4 of Division 1
of Title 17 of the California Code of Regulations, consistent with
this chapter, by April 17, 2007. Notwithstanding the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), if the department
revises the form used for reporting pursuant to subdivision (a) after
consideration of the reporting guidelines published by the federal
Centers for Disease Control and Prevention, the revised form shall be
implemented without being adopted as a regulation, and shall be
filed with the Secretary of State and printed in Title 17 of the
California Code of Regulations.
(e) Pursuant to Section 121025, reported cases of HIV infection
shall not be disclosed, discoverable, or compelled to be produced in
any civil, criminal, administrative, or other proceeding.
(f) State and local health department employees and contractors
shall be required to sign confidentiality agreements developed by the
department that include information related to the penalties for a
breach of confidentiality and the procedures for reporting a breach
of confidentiality, prior to accessing confidential HIV-related
public health records. Those agreements shall be reviewed annually by
either the department or the appropriate local health department.
(g) No A person shall not
disclose identifying information reported pursuant to
subdivision (a) to the federal government, including, but not limited
to, any agency, employee, agent, contractor, or anyone else acting
on behalf of the federal government, except as permitted under
subdivision (b) of Section 121025.
(h) (1) Any potential or actual breach of confidentiality of
HIV-related public health records shall be investigated by the local
health officer, in coordination with
the department, when appropriate. The local health
officer shall immediately report any evidence of an actual breach of
confidentiality of HIV-related public health records at a city or
county level to the department and the appropriate law enforcement
agency.
(2) The department shall investigate any potential or actual
breach of confidentiality of HIV-related public health records at the
state level, and shall report any evidence of such a breach of
confidentiality to an appropriate law enforcement agency.
(i) Any willful, negligent, or malicious disclosure of cases of
HIV infection reported pursuant to subdivision (a) shall be subject
to the penalties prescribed in Section 121025.
(j) Nothing in this section shall be construed to
This section does not limit other remedies and
protections available under state or federal law.
SEC. 93. Section 121026 of the Health and Safety Code is amended
to read:
121026. (a) Notwithstanding subdivision (f) of Section 120980,
Section 121010, subdivision (g) of Section 121022, subdivision (f) of
Section 121025, Section 121115, and Section 121280, the State
Department of Public Health and qualified entities may share with
each other health records involving the diagnosis, care, and
treatment of human immunodeficiency virus (HIV) or acquired
immunodeficiency syndrome (AIDS) related to a beneficiary enrolled in
federal Ryan White Act funded programs who may be eligible for
services under the federal Patient Protection and Affordable Care Act
(Public Law 111-148), as amended by the federal Health
Care and Education Reconciliation Act of 2010 (Public Law 111-152).
The qualified entities, who shall be covered entities under the
federal Health Insurance Portability and Accountability Act
(42 U.S.C. Sec. 300gg) (Public Law 104-191)
and the final regulations issued pursuant to the act by the
United States Department of Health and Human Services (45 C.F.R.
Parts 160 and 164), may share records only for the purpose of
enrolling the beneficiary in Medi-Cal, the bridge programs, Medicaid
expansion programs, and any insurance plan certified by the
California Health Benefit Exchange established pursuant to Title 22
(commencing with Section 100500) of the Government Code, or any other
programs authorized under the federal Patient Protection and
Affordable Care Act (Public Law 111-148), and for the purpose of
continuing his or her access to those programs and plans without
disruption.
(b) The information provided by the State Department of Public
Health pursuant to this section shall be limited to only the
information necessary for the purposes of this section and shall not
include HIV or AIDS surveillance data. This information shall not be
further disclosed by a qualified entity, except to any or all of the
following as necessary for the purposes of this section:
(1) The person who is the subject of the record or to his or her
guardian or conservator.
(2) The provider of health care for the person with HIV or AIDS to
whom the information pertains.
(3) The Office of AIDS within the State Department of Public
Health.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Contractor" means any person or entity that is a medical
group, independent practice association, pharmaceutical benefits
manager, or a medical service organization and is not a health care
service plan or provider of health care.
(2) "Provider of health care" means any person licensed or
certified pursuant to Division 2 (commencing with Section 500) of the
Business and Professions Code; any person licensed pursuant to the
Osteopathic Initiative Act or the Chiropractic Initiative Act; any
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code; any clinic, health dispensary,
or health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code.
(3) "Qualified entity" means any of the following:
(A) The State Department of Health Care Services.
(B) The California Health Benefit Exchange established pursuant to
Title 22 (commencing with Section 100500) of the Government Code.
(C) Medi-Cal managed care plans.
(D) Health plans participating in the Bridge Program.
(E) Health plans offered through the Exchange.
(F) County health departments delivering HIV or AIDS health care
services.
(d) Notwithstanding any other law, information shared pursuant to
this section shall not be disclosed, discoverable, or compelled to be
produced in any civil, criminal, administrative, or other
proceeding.
(e) This section shall be implemented only to the extent permitted
by federal law. All employees and contractors of a qualified entity
who have access to confidential HIV-related medical records pursuant
to this section shall be subject to, and all information shared
pursuant to this section shall be protected in accordance with, the
federal Health Insurance Portability and Accountability Act
(42 U.S.C. Sec. 300gg) (Public Law 104-191) and
the final regulations issued pursuant to that act by the United
States Department of Health and Human Services (45 C.F.R. Parts 160
and 164), the Confidentiality of Medical Information Act (Part 2.6
(commencing with Section 56) of Division 1 of the Civil Code), and
the Insurance Information and Privacy Protection Act (Article 6.6
(commencing with Section 791) of Part 2 of Division 1 of the
Insurance Code).
SEC. 94. Section 123367 of the Health and Safety Code is amended
to read:
123367. (a) For the purposes of this section, the following
definitions shall apply:
(1) "Baby-Friendly Hospital Initiative" means the program
sponsored by the World Health Organization (WHO) and the United
Nations Children's Fund (UNICEF) that recognizes hospitals that offer
an optimal level of care for infant feeding.
(1)
(2) "Perinatal unit" means a maternity and newborn
service of the hospital for the provision of care during pregnancy,
labor, delivery, and postpartum and neonatal periods with appropriate
staff, space, equipment, and supplies.
(2) "Baby-Friendly Hospital Initiative" means the program
sponsored by the World Health Organization (WHO) and the United
Nations Children's Fund (UNICEF) that recognizes hospitals that offer
an optimal level of care for infant feeding.
(b) All general acute care hospitals and special hospitals, as
defined in subdivisions (a) and (f) of Section 1250, that have a
perinatal unit shall, by January 1, 2025, adopt the "Ten Steps to
Successful Breastfeeding," as adopted by Baby-Friendly USA, per the
Baby-Friendly Hospital Initiative, or an alternate process adopted by
a health care service plan that includes evidenced-based
evidence-based policies and practices and
targeted outcomes, or the Model Hospital Policy Recommendations as
defined in paragraph (3) of subdivision (b) of Section 123366.
SEC. 95. Section 130301 of the Health and Safety Code is amended
to read:
130301. The Legislature finds and declares the following:
(a) The federal Health Insurance Portability and Accountability
Act (42 U.S.C. Sec. 300gg), (Public Law
104-191), known as HIPAA, was enacted on August 21, 1996.
(b) HIPAA extends health coverage benefits to workers after they
terminate or change employment by allowing the worker to participate
in existing group coverage plans, thereby avoiding the additional
expense associated with obtaining individual coverage as well as the
potential loss of coverage because of a preexisting health condition.
(c) Administrative simplification is a key feature of HIPAA,
requiring standard national identifiers for providers, employers, and
health plans and the development of uniform standards for the coding
and transmission of claims and health care information.
Administration simplification is intended to promote the use of
information technology, thereby reducing costs and increasing
efficiency in the health care industry.
(d) HIPAA also contains new standards for safeguarding the privacy
and security of health information. Therefore, the development of
policies for safeguarding the privacy and security of health records
is a fundamental and indispensable part of HIPAA implementation that
must accompany or precede the expansion or standardization of
technology for recording or transmitting health information.
(e) The federal Department of Health and Human Services
Agency has published, and continues to publish,
rules pertaining to the implementation of HIPAA. Following a 60-day
congressional concurrence period, health providers and insurers have
24 months in which to implement these rules.
(f) These federal rules directly apply to state and county
departments that provide health coverage, health care, mental health
services, and alcohol and drug treatment programs. Other state and
county departments are subject to these rules to the extent they use
or exchange information with the departments to which the federal
rules directly apply.
(g) In view of the substantial changes that HIPAA will require in
the practices of both private and public health entities and their
business associates, the ability of California government to continue
the delivery of vital health services will depend upon the
implementation of HIPAA in a manner that is coordinated among state
departments as well as our partners in county government and the
private health sector.
(h) The implementation of HIPAA shall be accomplished as required
by federal law and regulations and shall be a priority for state
departments.
SEC. 96. Section 395 of the Insurance Code is amended to read:
395. After a covered loss, an insurer shall provide, free of
charge, a complete copy of the insured's current insurance policy or
certificate within 30 calendar days of receipt of a request from the
insured. The time period for providing the
insurance policy or certificate may be extended by the commissioner.
An insured who does not experience a covered loss shall, upon
request, be entitled to one free copy of his or her current insurance
policy or certificate annually. The insurance policy or certificate
provided to the insured shall include, where applicable, the policy
declarations page. This section shall not apply to commercial
policies issued pursuant to Sections 675.5 and 676.6, and policies of
workers' compensation insurance, as defined in Section 109.
SEC. 97. Section 791.29 of the Insurance Code is amended to read:
791.29. (a) Notwithstanding any other law, and to the extent
permitted by federal law, a health insurer shall take the following
steps to protect the confidentiality of an insured's medical
information on and after January 1, 2015:
(1) A health insurer shall permit an insured to request, and shall
accommodate requests for, communication in the form and format
requested by the individual, if it is readily producible in the
requested form and format, or at alternative locations, if the
insured clearly states either that the communication discloses
medical information or provider name and address relating to receipt
of sensitive services or that disclosure of all or part of the
medical information or provider name and address could endanger him
or her.
(2) A health insurer may require the insured to make a request for
a confidential communication described in paragraph (1) in writing
or by electronic transmission.
(3) A health insurer may require that a confidential
communications request contain a statement that the request pertains
to either medical information related to the receipt of sensitive
services or that disclosure of all or part of the medical information
could endanger the insured. The health insurer shall not require an
explanation as to the basis for a insured's statement that disclosure
could endanger the insured.
(4) The confidential communication request shall be valid until
the insured submits a revocation of the request, or a new
confidential communication request is submitted.
(5) For the purposes of this section, a confidential
communications request must shall be
implemented by the health insurer within seven calendar days of the
receipt of an electronic transmission or telephonic request or within
14 calendar days of receipt by first-class mail. The health insurer
shall acknowledge receipt of the confidential communications request
and advise the insured of the status of implementation of the request
if an insured contacts the insurer.
(b) Notwithstanding subdivision (a), a provider of health care may
make arrangements with the insured for the payment of benefit cost
sharing and communicate that arrangement with the insurer.
(c) A health insurer shall not condition coverage on the waiver of
rights provided in this section.
SEC. 98. Section 935.8 of the Insurance Code is amended to read:
935.8. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the
Department of Insurance that are obtained by, created by, or
disclosed to the commissioner or any other person under this article,
are recognized by this state as being proprietary and contain trade
secrets. These documents, materials, or other information shall be
confidential by law and privileged, shall not be subject to
disclosure pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), and shall not be subject to subpoena or discovery,
or admissible in evidence, in any private civil action. However, the
commissioner is authorized to use those documents, materials, or
other information in the furtherance of any regulatory or legal
action brought as a part of the commissioner's official duties. The
commissioner shall not otherwise make those documents, materials, or
other information public without the prior written consent of the
insurer.
(b) Neither the commissioner nor any other person who received
documents, materials, or other ORSA-related information, including
the ORSA Summary Report, through examination or otherwise, while
acting under the authority of the commissioner, or with whom those
documents, materials, or other information are shared pursuant to
this article, shall be permitted or required to testify in any
private civil action concerning those confidential documents,
materials, or information, subject to subdivision (a).
(c) In order to assist in the performance of the commissioner's
regulatory duties, the commissioner:
(1) May, upon request, share documents, materials, or other
ORSA-related information, including the confidential and privileged
documents, materials, or information subject to subdivision (a),
including proprietary and trade secret documents and materials, with
other state, federal, and international financial regulatory
agencies, including members of any supervisory college as described
in Section 1215.7, with the NAIC, and with any third-party
consultants designated by the commissioner, provided that the
recipient agrees in writing to maintain the confidentiality and
privileged status of the ORSA-related documents, materials, or other
information and has verified in writing the legal authority to
maintain confidentiality.
(2) May receive documents, materials, or other ORSA-related
information, including otherwise confidential and privileged
documents, materials, or information, including proprietary and trade
secret information or documents, from regulatory officials of other
foreign or domestic jurisdictions, including members of any
supervisory college as described in Section 1215.7, and from the
NAIC, and shall maintain as confidential or privileged any documents,
materials, or information received with notice or the understanding
that it is confidential or privileged under the laws of the
jurisdiction that is the source of the document, material, or
information.
(3) Shall enter into a written agreement with the NAIC or a
third-party consultant governing the sharing and the use of
information provided pursuant to this article, consistent with this
subdivision that shall do all of the following:
(A) Specify procedures and protocols regarding the confidentiality
and security of information shared with the NAIC or a third-party
consultant pursuant to this article, including procedures and
protocols for sharing by the NAIC with other state regulators from
states in which the insurance group has domiciled insurers. The
agreement shall provide that the recipient agrees in writing to
maintain the confidentiality and privileged status of the
ORSA-related documents, materials, or other information and has
verified in writing the legal authority to maintain confidentiality.
(B) Specify that ownership of information shared with the NAIC or
a third-party consultant pursuant to this article remains with the
commissioner and that the NAIC's or a third-party consultant's use of
the information is subject to the direction of the commissioner.
(C) Prohibit the NAIC or third-party consultant from storing the
information shared pursuant to this article in a permanent database
after the underlying analysis is completed.
(D) Require prompt notice to be given to an insurer whose
confidential information in the possession of the NAIC or a
third-party consultant pursuant to this article when that information
is subject to a request or subpoena to the NAIC or a third-party
consultant for disclosure or production.
(E) Require the NAIC or a third-party consultant to consent to
intervention by an insurer in any judicial or administrative action
in which the NAIC or a third-party consultant may be required to
disclose confidential information about the insurer shared with the
NAIC or a third-party consultant pursuant to this article.
(F) In the case of an agreement involving a third-party
consultant, provide for the insurer's written consent.
(d) The sharing of information and documents by the commissioner
pursuant to this article shall not constitute a delegation of
regulatory authority or rulemaking, and the commissioner is solely
responsible for the administration, execution, and enforcement of the
provisions of this article.
(e) No A waiver of any applicable
privilege or claim of confidentiality in the documents, proprietary
and trade-secret trade secret
materials, or other ORSA-related information shall not
occur as a result of disclosure of the ORSA-related information or
documents to the commissioner under this section or as a result of
sharing as authorized in this article.
(f) Documents, materials, or other information in the possession
or control of the NAIC or a third-party consultant pursuant to this
article shall be confidential by law and privileged, shall not be
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), and shall not be subject to subpoena or
discovery, or admissible in evidence, in any private civil action.
SEC. 99. Section 1216.1 of the Insurance Code is amended to read:
1216.1. As used in this article, the following terms have the
following meanings:
(a) "Accredited state" means a state in which the insurance
department or regulatory agency having jurisdiction over the business
of insurance has qualified as meeting the minimum financial
regulatory standards promulgated and established from time to time by
the National Association of Insurance Commissioners' (NAIC)
Financial Regulation Standards and Accreditation Program.
(b) "Control" or "controlled" has the meaning ascribed in Section
1215.
(c) "Controlled insurer" means an admitted insurer which is
controlled, directly or indirectly, by a producer.
(d) "Controlling producer" means a producer who, directly or
indirectly, controls an insurer.
(e) "Admitted insurer" or "insurer" means any person, firm,
association, or corporation admitted to transact any property or
casualty insurance business in this state. The following are not
insurers for the purposes of this article:
(1) All residual market pools and joint underwriting authorities
or associations.
(2) All captive insurers, other than risk retention groups as
defined in the federal Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. Sec. 9671), the federal
Liability Risk Retention Act of 1986 (15 U.S.C. Sec. 3901 et seq.),
and the California Risk Retention Act of 1991 (Chapter 1.5
(commencing with Section 125) of Part 1). For the purposes of this
article, captive insurers are either insurance companies which are
owned by another organization and whose exclusive purpose is to
insure risks of the parent organization and affiliated companies, or
in the case of groups and associations, insurance organizations which
are owned by the insureds and whose exclusive purpose is to insure
risks of member organizations and group or association members and
their affiliates.
(f) "Producer" means a fire and casualty licensee or licensees or
any other person, firm, association, or corporation, when, for any
compensation, commission, or other thing of value, the person, firm,
association, or corporation acts or aids in any manner in soliciting,
negotiating , or procuring the making of any insurance
contract on behalf of an insured other than the person, firm,
association, or corporation.
SEC. 100. Section 10133.4 of the Insurance Code is amended to
read:
10133.4. (a) For purposes of insurers who
that contract with providers for alternate rates pursuant to
Section 10133, a primary care provider includes a "nonphysician
medical practitioner," which is defined as a physician assistant
performing services under the supervision of a primary care physician
in compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code or a nurse
practitioner performing services in collaboration with a physician
pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of
the Business and Professions Code.
(b) This section shall not require a primary care provider to
accept the assignment of a number of insureds that would exceed
standards of good health care as provided in Section 10133.5.
(c) Nothing in this This section
shall not be interpreted to modify subdivision (e) of
Section 2836.1 of the Business and Professions Code or subdivision
(b) of Section 3516 of the Business and Professions Code.
SEC. 101. Section 10232.8 of the Insurance Code is amended to
read:
10232.8. (a) In every long-term care policy or certificate that
is not intended to be a federally qualified long-term care insurance
contract and provides home care benefits, the threshold establishing
eligibility for home care benefits shall be at least as permissive as
a provision that the insured will qualify if either one of two
criteria are met:
(1) Impairment in two out of seven activities of daily living.
(2) Impairment of cognitive ability.
The policy or certificate may provide for lesser but not greater
eligibility criteria. The commissioner, at his or her discretion, may
approve other criteria or combinations of criteria to be
substituted, if the insurer demonstrates that the interest of the
insured is better served.
"Activities of daily living" in every policy or certificate that
is not intended to be a federally qualified long-term care insurance
contract and provides home care benefits shall include eating,
bathing, dressing, ambulating, transferring, toileting, and
continence; "impairment" means that the insured needs human
assistance, or needs continual substantial supervision; and
"impairment of cognitive ability" means deterioration or loss of
intellectual capacity due to organic mental disease, including
Alzheimer's disease or related illnesses, that requires continual
supervision to protect oneself or others.
(b) In every long-term care policy approved or certificate issued
after the effective date of the act adding this section, that is
intended to be a federally qualified long-term care insurance
contract as described in subdivision (a) of Section 10232.1, the
threshold establishing eligibility for home care benefits shall
provide that a chronically ill insured will qualify if either one of
two criteria are met or if a third criterion, as provided by this
subdivision, is met:
(1) Impairment in two out of six activities of daily living.
(2) Impairment of cognitive ability.
Other criteria shall be used in establishing eligibility for
benefits if federal law or regulations allow other types of
disability to be used applicable to eligibility for benefits under a
long-term care insurance policy. If federal law or regulations allow
other types of disability to be used, the commissioner shall
promulgate emergency regulations to add those other criteria as a
third threshold to establish eligibility for benefits. Insurers shall
submit policies for approval within 60 days of the effective date of
the regulations. With respect to policies previously approved, the
department is authorized to review only the changes made to the
policy. All new policies approved and certificates issued after the
effective date of the regulation shall include the third criterion.
No A policy shall not be
sold that does not include unless the policy
includes the third criterion after one year beyond the
effective date of the regulations. An insured meeting this third
criterion shall be eligible for benefits regardless of whether the
individual meets the impairment requirements in paragraph (1) or (2)
regarding activities of daily living and cognitive ability.
(c) A licensed health care practitioner, independent of the
insurer, shall certify that the insured meets the definition of
"chronically ill individual" as defined under Public Law 104-191. For
the purposes of long-term care insurance as defined in Section
10231.2, an insurer shall not impose a certification requirement of
longer than 90 days. If a health care practitioner makes a
determination, pursuant to this section, that an insured does not
meet the definition of "chronically ill individual," the insurer
shall notify the insured that the insured shall be entitled to a
second assessment by a licensed health care practitioner, upon
request, who shall personally examine the insured. The requirement
for a second assessment shall not apply if the initial assessment was
performed by a practitioner who otherwise meets the requirements of
this section and who personally examined the insured. The assessments
conducted pursuant to
this section shall be performed promptly with the certification
completed as quickly as possible to ensure that an insured's benefits
are not delayed. The written certification shall be renewed every 12
months. A licensed health care practitioner shall develop a written
plan of care after personally examining the insured. The costs to
have a licensed health care practitioner certify that an insured
meets, or continues to meet, the definition of "chronically ill
individual," or to prepare written plans of care shall not count
against the lifetime maximum of the policy or certificate. In order
to be considered "independent of the insurer," a licensed health care
practitioner shall not be an employee of the insurer and shall not
be compensated in any manner that is linked to the outcome of the
certification. It is the intent of this subdivision that the
practitioner's assessments be unhindered by financial considerations.
This subdivision shall apply only to a policy or certificate
intended to be a federally qualified long-term care insurance
contract.
(d) "Activities of daily living" in every policy or certificate
intended to be a federally qualified long-term care insurance
contract as provided by Public Law 104-191 shall include eating,
bathing, dressing, transferring, toileting, and continence;
"impairment in activities of daily living" means the insured needs
"substantial assistance" either in the form of "hands-on assistance"
or "standby assistance," due to a loss of functional capacity to
perform the activity; "impairment of cognitive ability" means the
insured needs substantial supervision due to severe cognitive
impairment; "licensed health care practitioner" means a physician,
registered nurse, licensed social worker, or other individual whom
the United States Secretary of the Treasury may prescribe by
regulation; and "plan of care" means a written description of the
insured's needs and a specification of the type, frequency, and
providers of all formal and informal long-term care services required
by the insured, and the cost, if any.
(e) Until the time that these definitions may be superseded by
federal law or regulation, the terms "substantial assistance,"
"hands-on assistance," "standby assistance," "severe cognitive
impairment," and "substantial supervision" shall be defined according
to the safe-harbor definitions contained in Internal Revenue Service
Notice 97-31, issued May 6, 1997.
(f) The definitions of "activities of daily living" to be used in
policies and certificates that are intended to be federally qualified
long-term care insurance shall be the following until the time that
these definitions may be superseded by federal law or regulations:
(1) Eating, which shall mean feeding oneself by getting food in
the body from a receptacle (such as a plate, cup, or table) or by a
feeding tube or intravenously.
(2) Bathing, which shall mean washing oneself by sponge bath or in
either a tub or shower, including the act of getting into or out of
a tub or shower.
(3) Continence, which shall mean the ability to maintain control
of bowel and bladder function; or when unable to maintain control of
bowel or bladder function, the ability to perform associated personal
hygiene (including caring for a catheter or colostomy bag).
(4) Dressing, which shall mean putting on and taking off all items
of clothing and any necessary braces, fasteners, or artificial
limbs.
(5) Toileting, which shall mean getting to and from the toilet,
getting on or off the toilet, and performing associated personal
hygiene.
(6) Transferring, which shall mean the ability to move into or out
of bed, a chair , or wheelchair.
The commissioner may approve the use of definitions of "activities
of daily living" that differ from the verbatim definitions of this
subdivision if these definitions would result in more policy or
certificate holders qualifying for long-term care benefits than would
occur by the use of the verbatim definitions of this subdivision. In
addition, the following definitions may be used without the approval
of the commissioner: (1) the verbatim definitions of eating,
bathing, dressing, toileting, transferring, and continence in
subdivision (g); or (2) the verbatim definitions of eating, bathing,
dressing, toileting, and continence in this subdivision and a
substitute, verbatim definition of "transferring" as follows:
"transferring," which shall mean the ability to move into and out of
a bed, a chair, or wheelchair, or ability to walk or move around
inside or outside the home, regardless of the use of a cane,
crutches, or braces.
The definitions to be used in policies and certificates for
impairment in activities of daily living, "impairment in cognitive
ability," and any third eligibility criterion adopted by regulation
pursuant to subdivision (b) shall be the verbatim definitions of
these benefit eligibility triggers allowed by federal regulations. In
addition to the verbatim definitions, the commissioner may approve
additional descriptive language to be added to the definitions, if
the additional language is (1) warranted based on federal or state
laws, federal or state regulations, or other relevant federal
decision, and (2) strictly limited to that language that is necessary
to ensure that the definitions required by this section are not
misleading to the insured.
(g) The definitions of "activities of daily living" to be used
verbatim in policies and certificates that are not intended to
qualify for favorable tax treatment under Public Law 104-191 shall be
the following:
(1) Eating, which shall mean reaching for, picking up, and
grasping a utensil and cup; getting food on a utensil, and bringing
food, utensil, and cup to mouth; manipulating food on plate; and
cleaning face and hands as necessary following meals.
(2) Bathing, which shall mean cleaning the body using a tub,
shower, or sponge bath, including getting a basin of water, managing
faucets, getting in and out of tub or shower, and reaching head and
body parts for soaping, rinsing, and drying.
(3) Dressing, which shall mean putting on, taking off, fastening,
and unfastening garments and undergarments and special devices such
as back or leg braces, corsets, elastic stockings or garments, and
artificial limbs or splints.
(4) Toileting, which shall mean getting on and off a toilet or
commode and emptying a commode, managing clothing and wiping and
cleaning the body after toileting, and using and emptying a bedpan
and urinal.
(5) Transferring, which shall mean moving from one sitting or
lying position to another sitting or lying position; for example,
from bed to or from a wheelchair or sofa, coming to a standing
position, or repositioning to promote circulation and prevent skin
breakdown.
(6) Continence, which shall mean the ability to control bowel and
bladder as well as use ostomy or catheter receptacles, and apply
diapers and disposable barrier pads.
(7) Ambulating, which shall mean walking or moving around inside
or outside the home regardless of the use of a cane, crutches, or
braces.
SEC. 102. Section 10234.93 of the Insurance Code is amended to
read:
10234.93. (a) Every insurer of long-term care in California
shall:
(1) Establish marketing procedures to assure
ensure that any comparison of policies by its agents or
other producers will be fair and accurate.
(2) Establish marketing procedures to assure
ensure excessive insurance is not sold or issued.
(3) Submit to the commissioner within six months of the effective
date of this act, a list of all agents or other insurer
representatives authorized to solicit individual consumers for the
sale of long-term care insurance. These submissions shall be updated
at least semiannually.
(4) Provide the following training and require that each agent or
other insurer representative authorized to solicit individual
consumers for the sale of long-term care insurance shall
satisfactorily complete the following training requirements that, for
resident licensees, shall count toward the licensee's continuing
education requirement, but may still result in completing more than
the minimum number of continuing education hours set forth in this
section:
(A) For licensees issued a license after January 1, 1992, eight
hours of training in each of the first four 12-month periods
beginning from the date of original license issuance and thereafter
eight hours of training prior to each license renewal.
(B) For licensees issued a license before January 1, 1992, eight
hours of training prior to each license renewal.
(C) For nonresident licensees that are not otherwise subject to
the continuing education requirements set forth in Section 1749.3,
the evidence of training required by this section shall be filed with
and approved by the commissioner as provided in subdivision (g) of
Section 1749.4.
Licensees shall complete the initial training requirements of this
section prior to being authorized to solicit individual consumers
for the sale of long-term care insurance.
The training required by this section shall consist of topics
related to long-term care services and long-term care insurance,
including, but not limited to, California regulations and
requirements, available long-term care services and facilities,
changes or improvements in services or facilities, and alternatives
to the purchase of private long-term care insurance. On or before
July 1, 1998, the following additional training topics shall be
required: differences in eligibility for benefits and tax treatment
between policies intended to be federally qualified and those not
intended to be federally qualified, the effect of inflation in
eroding the value of benefits and the importance of inflation
protection, and NAIC consumer suitability standards and guidelines.
(5) Display prominently on page one of the policy or certificate
and the outline of coverage: "Notice to buyer: This policy may not
cover all of the costs associated with long-term care incurred by the
buyer during the period of coverage. The buyer is advised to review
carefully all policy limitations."
(6) Inquire and otherwise make every reasonable effort to identify
whether a prospective applicant or enrollee for long-term care
insurance already has accident and sickness or long-term care
insurance and the types and amounts of any such insurance.
(7) Every insurer or entity marketing long-term care insurance
shall establish auditable procedures for verifying compliance with
this subdivision.
(8) Every insurer shall provide to a prospective applicant, at the
time of solicitation, written notice that the Health Insurance
Counseling and Advocacy Program (HICAP) provides health insurance
counseling to senior California residents free of charge. Every agent
shall provide the name, address, and telephone number of the local
HICAP program and the statewide HICAP number, 1-800-434-0222.
(9) Provide a copy of the long-term care insurance shoppers guide
developed by the California Department of Aging to each prospective
applicant prior to the presentation of an application or enrollment
form for insurance.
(10) Clearly post on its Internet Web site and provide written
notice at the time of solicitation that a specimen individual policy
form or group master policy and certificate form for each policy form
offered in this state is available to a prospective applicant upon
request. The individual specimen policy form or group master policy
and certificate form shall be provided to a requesting party within
15 calendar days of receipt of a request.
(b) In addition to other unfair trade practices, including those
identified in this code, the following acts and practices are
prohibited:
(1) Twisting. Knowingly making any misleading representation,
incomplete, or fraudulent comparison of any insurance policies or
insurers for the purpose of inducing, or tending to induce, any
person to lapse, forfeit, surrender, terminate, retain, pledge,
assign, borrow on, or convert any insurance policy or to take out a
policy of insurance with another insurer.
(2) High pressure tactics. Employing Using
any method of marketing having the effect of or tending to
induce the purchase of insurance through force, fright, threat,
whether explicit or implied, or undue pressure to purchase or
recommend the purchase of insurance.
(3) Cold lead advertising. Making use directly or indirectly of
any method of marketing that fails to disclose in a conspicuous
manner that a purpose of the method of marketing is solicitation of
insurance and that contact will be made by an insurance agent or
insurance company.
SEC. 103. Section 10753.05 of the Insurance Code is amended to
read:
10753.05. (a) No group or individual policy or contract or
certificate of group insurance or statement of group coverage
providing benefits to employees of small employers as defined in this
chapter shall be issued or delivered by a carrier subject to the
jurisdiction of the commissioner regardless of the situs of the
contract or master policyholder or of the domicile of the carrier
nor, except as otherwise provided in Sections 10270.91 and 10270.92,
shall a carrier provide coverage subject to this chapter until a copy
of the form of the policy, contract, certificate, or statement of
coverage is filed with and approved by the commissioner in accordance
with Sections 10290 and 10291, and the carrier has complied with the
requirements of Section 10753.17.
(b) (1) On and after October 1, 2013, each carrier shall fairly
and affirmatively offer, market, and sell all of the carrier's health
benefit plans that are sold to, offered through, or sponsored by,
small employers or associations that include small employers for plan
years on or after January 1, 2014, to all small employers in each
geographic region in which the carrier makes coverage available or
provides benefits.
(2) A carrier that offers qualified health plans through the
Exchange shall be deemed to be in compliance with paragraph (1) with
respect to health benefit plans offered through the Exchange in those
geographic regions in which the carrier offers plans through the
Exchange.
(3) A carrier shall provide enrollment periods consistent with
PPACA and described in Section 155.725 of Title 45 of the Code of
Federal Regulations. Commencing January 1, 2014, a carrier shall
provide special enrollment periods consistent with the special
enrollment periods described in Section 10965.3, to the extent
permitted by PPACA, except for the triggering events identified in
paragraphs (d)(3) and (d)(6) of Section 155.420 of Title 45 of the
Code of Federal Regulations with respect to health benefit plans
offered through the Exchange.
(4) Nothing in this This section
shall not be construed to require an association, or a
trust established and maintained by an association to receive a
master insurance policy issued by an admitted insurer and to
administer the benefits thereof solely for association members, to
offer, market , or sell a benefit plan design to those who
are not members of the association. However, if the association
markets, offers , or sells a benefit plan design to those
who are not members of the association it is subject to the
requirements of this section. This shall apply to an association that
otherwise meets the requirements of paragraph (8) formed by merger
of two or more associations after January 1, 1992, if the predecessor
organizations had been in active existence on January 1, 1992, and
for at least five years prior to that date and met the requirements
of paragraph (5).
(5) A carrier which (A) effective January 1, 1992, and at least 20
years prior to that date, markets, offers, or sells benefit plan
designs only to all members of one association and (B) does not
market, offer , or sell any other individual, selected
group, or group policy or contract providing medical, hospital ,
and surgical benefits shall not be required to market, offer,
or sell to those who are not members of the association. However, if
the carrier markets, offers , or sells any benefit plan
design or any other individual, selected group, or group policy or
contract providing medical, hospital , and surgical
benefits to those who are not members of the association it is
subject to the requirements of this section.
(6) Each carrier that sells health benefit plans to members of one
association pursuant to paragraph (5) shall submit an annual
statement to the commissioner which states that the carrier is
selling health benefit plans pursuant to paragraph (5) and which, for
the one association, lists all the information required by paragraph
(7).
(7) Each carrier that sells health benefit plans to members of any
association shall submit an annual statement to the commissioner
which lists each association to which the carrier sells health
benefit plans, the industry or profession which is served by the
association, the association's membership criteria, a list of
officers, the state in which the association is organized, and the
site of its principal office.
(8) For purposes of paragraphs (4) and (6), an association is a
nonprofit organization comprised of a group of individuals or
employers who associate based solely on participation in a specified
profession or industry, accepting for membership any individual or
small employer meeting its membership criteria, which do not
condition membership directly or indirectly on the health or claims
history of any person, which uses membership dues solely for and in
consideration of the membership and membership benefits, except that
the amount of the dues shall not depend on whether the member applies
for or purchases insurance offered by the association, which is
organized and maintained in good faith for purposes unrelated to
insurance, which has been in active existence on January 1, 1992, and
at least five years prior to that date, which has a constitution and
bylaws, or other analogous governing documents which provide for
election of the governing board of the association by its members,
which has contracted with one or more carriers to offer one or more
health benefit plans to all individual members and small employer
members in this state. Health coverage through an association that is
not related to employment shall be considered individual coverage
pursuant to Section 144.102(c) of Title 45 of the Code of Federal
Regulations.
(c) On and after October 1, 2013, each carrier shall make
available to each small employer all health benefit plans that the
carrier offers or sells to small employers or to associations that
include small employers for plan years on or after January 1, 2014.
Notwithstanding subdivision (d) (c) of
Section 10753, for purposes of this subdivision, companies that are
affiliated companies or that are eligible to file a consolidated
income tax return shall be treated as one carrier.
(d) Each carrier shall do all of the following:
(1) Prepare a brochure that summarizes all of its health benefit
plans and make this summary available to small employers, agents, and
brokers upon request. The summary shall include for each plan
information on benefits provided, a generic description of the manner
in which services are provided, such as how access to providers is
limited, benefit limitations, required copayments and deductibles, an
explanation of how creditable coverage is calculated if a waiting
period is imposed, and a telephone number that can be called for more
detailed benefit information. Carriers are required to keep the
information contained in the brochure accurate and up to date, and,
upon updating the brochure, send copies to agents and brokers
representing the carrier. Any entity that provides administrative
services only with regard to a health benefit plan written or issued
by another carrier shall not be required to prepare a summary
brochure which includes that benefit plan.
(2) For each health benefit plan, prepare a more detailed evidence
of coverage and make it available to small employers, agents ,
and brokers upon request. The evidence of coverage shall
contain all information that a prudent buyer would need to be aware
of in making selections of benefit plan designs. An entity that
provides administrative services only with regard to a health benefit
plan written or issued by another carrier shall not be required to
prepare an evidence of coverage for that health benefit plan.
(3) Provide copies of the current summary brochure to all agents
or brokers who represent the carrier and, upon updating the brochure,
send copies of the updated brochure to agents and brokers
representing the carrier for the purpose of selling health benefit
plans.
(4) Notwithstanding subdivision (c) of Section 10753, for purposes
of this subdivision, companies that are affiliated companies or that
are eligible to file a consolidated income tax return shall be
treated as one carrier.
(e) Every agent or broker representing one or more carriers for
the purpose of selling health benefit plans to small employers shall
do all of the following:
(1) When providing information on a health benefit plan to a small
employer but making no specific recommendations on particular
benefit plan designs:
(A) Advise the small employer of the carrier's obligation to sell
to any small employer any of the health benefit plans it offers to
small employers, consistent with PPACA, and provide them, upon
request, with the actual rates that would be charged to that employer
for a given health benefit plan.
(B) Notify the small employer that the agent or broker will
procure rate and benefit information for the small employer on any
health benefit plan offered by a carrier for whom the agent or broker
sells health benefit plans.
(C) Notify the small employer that, upon request, the agent or
broker will provide the small employer with the summary brochure
required in paragraph (1) of subdivision (d) for any benefit plan
design offered by a carrier whom the agent or broker represents.
(D) Notify the small employer of the availability of coverage and
the availability of tax credits for certain employers consistent with
PPACA and state law, including any rules, regulations, or guidance
issued in connection therewith.
(2) When recommending a particular benefit plan design or designs,
advise the small employer that, upon request, the agent will provide
the small employer with the brochure required by paragraph (1) of
subdivision (d) containing the benefit plan design or designs being
recommended by the agent or broker.
(3) Prior to filing an application for a small employer for a
particular health benefit plan:
(A) For each of the health benefit plans offered by the carrier
whose health benefit plan the agent or broker is presenting, provide
the small employer with the benefit summary required in paragraph (1)
of subdivision (d) and the premium for that particular employer.
(B) Notify the small employer that, upon request, the agent or
broker will provide the small employer with an evidence of coverage
brochure for each health benefit plan the carrier offers.
(C) Obtain a signed statement from the small employer
acknowledging that the small employer has received the disclosures
required by this paragraph and Section 10753.16.
(f) No A carrier, agent, or broker
shall not induce or otherwise encourage a small employer
to separate or otherwise exclude an eligible employee from a health
benefit plan which, in the case of an eligible employee meeting the
definition in paragraph (1) of subdivision (f) of Section 10753, is
provided in connection with the employee's employment or which, in
the case of an eligible employee as defined in paragraph (2) of
subdivision (f) of Section 10753, is provided in connection with a
guaranteed association.
(g) No A carrier shall not
reject an application from a small employer for a health
benefit plan provided:
(1) The small employer as defined by subparagraph (A) of paragraph
(1) of subdivision (q) of Section 10753 offers health benefits to
100 percent of its eligible employees as defined in paragraph (1) of
subdivision (f) of Section 10753. Employees who waive coverage on the
grounds that they have other group coverage shall not be counted as
eligible employees.
(2) The small employer agrees to make the required premium
payments.
(h) No A carrier or agent or broker
shall, shall not, directly or
indirectly, engage in the following activities:
(1) Encourage or direct small employers to refrain from filing an
application for coverage with a carrier because of the health status,
claims experience, industry, occupation, or geographic location
within the carrier's approved service area of the small employer or
the small employer's employees.
(2) Encourage or direct small employers to seek coverage from
another carrier because of the health status, claims experience,
industry, occupation, or geographic location within the carrier's
approved service area of the small employer or the small employer's
employees.
(3) Employ Use marketing
practices or benefit designs that will have the effect of
discouraging the enrollment of individuals with significant health
needs or discriminate based on the individual's race, color, national
origin, present or predicted disability, age, sex, gender identity,
sexual orientation, expected length of life, degree of medical
dependency, quality of life, or other health conditions.
This subdivision shall be enforced in the same manner as Section
790.03, including through Sections 790.035 and 790.05.
(i) No A carrier shall,
shall not, directly or indirectly, enter into
any contract, agreement, or arrangement with an agent or broker that
provides for or results in the compensation paid to an agent or
broker for a health benefit plan to be varied because of the health
status, claims experience, industry, occupation, or geographic
location of the small employer or the small employer's employees.
This subdivision shall not apply with respect to a compensation
arrangement that provides compensation to an agent or broker on the
basis of percentage of premium, provided that the percentage shall
not vary because of the health status, claims experience, industry,
occupation, or geographic area of the small employer.
(j) (1) A health benefit plan offered to a small employer, as
defined in Section 1304(b) of PPACA and in Section 10753, shall not
establish rules for eligibility, including continued eligibility, of
an individual, or dependent of an individual, to enroll under the
terms of the plan based on any of the following health status-related
factors:
(A) Health status.
(B) Medical condition, including physical and mental illnesses.
(C) Claims experience.
(D) Receipt of health care.
(E) Medical history.
(F) Genetic information.
(G) Evidence of insurability, including conditions arising out of
acts of domestic violence.
(H) Disability.
(I) Any other health status-related factor as determined by any
federal regulations, rules, or guidance issued pursuant to Section
2705 of the federal Public Health Service Act (42 U.S.C. Sec.
300gg-1) .
(2) Notwithstanding Section 10291.5, a carrier shall not require
an eligible employee or dependent to fill out a health assessment or
medical questionnaire prior to enrollment under a health benefit
plan. A carrier shall not acquire or request information that relates
to a health status-related factor from the applicant or his or her
dependent or any other source prior to enrollment of the individual.
(k) (1) A carrier shall consider as a single risk pool for rating
purposes in the small employer market the claims experience of all
insureds in all nongrandfathered small employer health benefit plans
offered by the carrier in this state, whether offered as health care
service plan contracts or health insurance policies, including those
insureds and enrollees who enroll in coverage through the Exchange
and insureds and enrollees covered by the carrier outside of the
Exchange.
(2) At least each calendar year, and no more frequently than each
calendar quarter, a carrier shall establish an index rate for the
small employer market in the state based on the total combined claims
costs for providing essential health benefits, as defined pursuant
to Section 1302 of PPACA and Section 10112.27, within the single risk
pool required under paragraph (1). The index rate shall be adjusted
on a marketwide basis based on the total expected marketwide payments
and charges under the risk adjustment and reinsurance programs
established for the state pursuant to Sections 1343 and 1341 of
PPACA. The premium rate for all of the carrier's nongrandfathered
health benefit plans shall use the applicable index rate, as adjusted
for total expected marketwide payments and charges under the risk
adjustment and reinsurance programs established for the state
pursuant to Sections 1343 and 1341 of PPACA, subject only to the
adjustments permitted under paragraph (3).
(3) A carrier may vary premium rates for a particular
nongrandfathered health benefit plan from its index rate based only
on the following actuarially justified plan-specific factors:
(A) The actuarial value and cost-sharing design of the health
benefit plan.
(B) The health benefit plan's provider network, delivery system
characteristics, and utilization management practices.
(C) The benefits provided under the health benefit plan that are
in addition to the essential health benefits, as defined pursuant to
Section 1302 of PPACA. These additional benefits shall be pooled with
similar benefits within the single risk pool required under
paragraph (1) and the claims experience from those benefits shall be
utilized used to determine rate
variations for health benefit plans that offer those benefits in
addition to essential health benefits.
(D) Administrative costs, excluding any user fees required by the
Exchange.
(E) With respect to catastrophic plans, as described in subsection
(e) of Section 1302 of PPACA, the expected impact of the specific
eligibility categories for those plans.
(l) If a carrier enters into a contract, agreement, or other
arrangement with a third-party administrator or other entity to
provide administrative, marketing, or other services related to the
offering of health benefit plans to small employers in this state,
the third-party administrator shall be subject to this chapter.
(m) (1) Except as provided in paragraph (2), this section shall
become inoperative if Section 2702 of the federal Public Health
Service Act (42 U.S.C. Sec. 300gg-1), as added by Section 1201 of
PPACA, is repealed, in which case, 12 months after the repeal,
carriers subject to this section shall instead be governed by Section
10705 to the extent permitted by federal law, and all references in
this chapter to this section shall instead refer to Section 10705,
except for purposes of paragraph (2).
(2) Paragraph (3) of subdivision (b) of this section shall remain
operative as it relates to health benefit plans offered through the
Exchange.
SEC. 104. Section 10961 of the Insurance Code is amended to read:
10961. (a) For purposes of this article,
chapter, a bridge plan product shall mean an individual health
benefit plan that is offered by a health insurer licensed under this
chapter that contracts with the Exchange pursuant to Title 22
(commencing with Section 100500) of the Government Code.
(b) On and after the effective date of this section,
September 30, 2013, if a health insurance policy
has not been filed with the commissioner, a health insurer that
contracts with the California Health Benefit Exchange to offer a
qualified bridge plan product pursuant to Section 100504.5 of the
Government Code shall file the policy form with the commissioner
pursuant to Section 10290.
(c) (1) Notwithstanding subdivision (a) of Section 10965.3, a
health insurer selling a bridge plan product shall not be required to
fairly and affirmatively offer, market, and sell the health insurer'
s bridge plan product except to individuals eligible for the bridge
plan product pursuant to the State Department of Health Care Services
and the Medi-Cal managed care plan's contract entered into pursuant
to Section 14005.70 of the Welfare and Institutions Code, provided
the health care service plan meets the requirements of subdivision
(b) of Section 14005.70 of the Welfare and Institutions Code.
(2) Notwithstanding subdivision (c) of Section 10965.3, a health
insurer selling a bridge plan product shall provide an initial open
enrollment period of six months, and an annual enrollment period and
a special enrollment period consistent with the annual enrollment and
special enrollment periods of the Exchange.
(d) A health insurer that contracts with the California Health
Benefit Exchange to offer a qualified bridge plan product pursuant to
Section 100504 of the Government Code shall maintain a medical loss
ratio of 85 percent for the bridge plan product. A health insurer
shall utilize, use, to the extent
possible, the same methodology for calculating the medical loss ratio
for the bridge plan product that is used for calculating the health
insurer's medical loss ratio pursuant to Section 10112.25 and shall
report its medical loss ratio for the bridge plan product to the
department as provided in Section 10112.25.
(e) This section shall become inoperative on the October 1 that is
five years after the date that federal approval of the bridge plan
option occurs, and, as of the second January 1 thereafter, is
repealed, unless a later enacted statute that is enacted before that
date deletes or extends the dates on which it becomes inoperative and
is repealed.
SEC. 105. Section 10965.11 of the Insurance Code is amended to
read:
10965.11. (a) A health insurer shall not be required to offer an
individual health benefit plan or accept applications for the plan
pursuant to Section 10965.3 in the case of any of the following:
(1) To an individual who does not live or reside within the
insurer's approved service areas.
(2) (A) Within a specific service area or portion of a service
area, if the insurer reasonably anticipates and demonstrates to the
satisfaction of the commissioner both of the following:
(i) It will not have sufficient health care delivery resources to
ensure that health care services will be available and accessible to
the individual because of its obligations to existing insureds.
(ii) It is applying this subparagraph uniformly to all individuals
without regard to the claims experience of those individuals or any
health status-related factor relating to those individuals.
(B) A health insurer that cannot offer an individual health
benefit plan to individuals because it is lacking in sufficient
health care delivery resources within a service area or a portion of
a service area pursuant to subparagraph (A) shall not offer an
individual health benefit plan in that area until the later of the
following dates:
(i) The 181st day after the date coverage is denied pursuant to
this paragraph.
(ii) The date the insurer notifies the commissioner that it has
the ability to deliver services to individuals, and certifies to the
commissioner that from the date of the notice it will enroll all
individuals requesting coverage in that area from the insurer.
(C) Subparagraph (B) shall not limit the insurer's ability to
renew coverage already in force or relieve the insurer of the
responsibility to renew that coverage as described in Section
10273.6.
(D) Coverage offered within a service area after the period
specified in subparagraph (B) shall be subject to this section.
(b) (1) A health insurer may decline to offer an individual health
benefit plan to an individual if the insurer demonstrates to the
satisfaction of the commissioner both of the following:
(A) It does not have the financial reserves necessary to
underwrite additional coverage. In determining whether this
subparagraph has been satisfied, the commissioner shall consider, but
not be limited to, the insurer's compliance with the requirements of
this part and the rules adopted thereunder.
(B) It is applying this subdivision uniformly to all individuals
without regard to the claims experience of those individuals or any
health status-related factor relating to those individuals.
(2) A health insurer that denies coverage to an individual under
paragraph (1) shall not offer coverage before the later of the
following dates:
(A) The 181st day after the date coverage is denied pursuant to
this subdivision.
(B) The date the insurer demonstrates to the satisfaction of the
commissioner that the insurer has sufficient financial reserves
necessary to underwrite additional coverage.
(3) Paragraph (2) shall not limit the insurer's ability to renew
coverage already in force or relieve the insurer of the
responsibility to renew that coverage as described in Section
10273.6. Coverage offered within a service area after
the period specified in paragraph (2) shall be subject to this
section.
(C) Coverage offered within a service area after the period
specified in paragraph (2) shall be subject to this section.
(c) Nothing in this This chapter
shall not be construed to limit the commissioner's
authority to develop and implement a plan of rehabilitation for a
health insurer whose financial viability or organizational and
administrative capacity has become impaired, to the extent permitted
by PPACA.
(d) This section shall not apply to an individual health benefit
plan that is a grandfathered plan.
SEC. 106. Section 139.2 of the Labor Code is amended to read:
139.2. (a) The administrative director shall appoint qualified
medical evaluators in each of the respective specialties as required
for the evaluation of medical-legal issues. The appointments shall be
for two-year terms.
(b) The administrative director shall appoint or reappoint as a
qualified medical evaluator a physician, as defined in Section
3209.3, who is licensed to practice in this state and who
demonstrates that he or she meets the requirements in paragraphs (1),
(2), (6), and (7), and, if the physician is a medical doctor, doctor
of osteopathy, doctor of chiropractic, or a psychologist, that he or
she also meets the applicable requirements in paragraph (3), (4), or
(5).
(1) Prior to his or her appointment as a qualified medical
evaluator, passes an examination written and administered by the
administrative director for the purpose of demonstrating competence
in evaluating medical-legal issues in the workers' compensation
system. Physicians shall not be required to pass an additional
examination as a condition of reappointment. A physician seeking
appointment as a qualified medical evaluator on or after January 1,
2001, shall also complete prior to appointment, a course on
disability evaluation report writing approved by the administrative
director. The administrative director shall specify the curriculum to
be covered by disability evaluation report writing courses, which
shall include, but is not limited to, 12 or more hours of
instruction.
(2) Devotes at least one-third of total practice time to providing
direct medical treatment, or has served as an agreed medical
evaluator on eight or more occasions in the 12 months prior to
applying to be appointed as a qualified medical evaluator.
(3) Is a medical doctor or doctor of osteopathy and meets one of
the following requirements:
(A) Is board certified in a specialty by a board recognized by the
administrative director and either the Medical Board of California
or the Osteopathic Medical Board of California.
(B) Has successfully completed a residency training program
accredited by the American College of
Accreditation Council for Graduate Medical Education or the
osteopathic equivalent.
(C) Was an active qualified medical evaluator on June 30, 2000.
(D) Has qualifications that the administrative director and either
the Medical Board of California or the Osteopathic Medical Board of
California, as appropriate, both deem to be equivalent to board
certification in a specialty.
(4) Is a doctor of chiropractic and has been certified in
California workers' compensation evaluation by a provider recognized
by the administrative director. The certification program shall
include instruction on disability evaluation report writing that
meets the standards set forth in paragraph (1).
(5) Is a psychologist and meets one of the following requirements:
(A) Is board certified in clinical psychology by a board
recognized by the administrative director.
(B) Holds a doctoral degree in psychology, or a doctoral degree
deemed equivalent for licensure by the Board of Psychology pursuant
to Section 2914 of the Business and Professions Code, from a
university or professional school recognized by the administrative
director and has not less than five years' postdoctoral experience in
the diagnosis and treatment of emotional and mental disorders.
(C) Has not less than five years' postdoctoral experience in the
diagnosis and treatment of emotional and mental disorders, and has
served as an agreed medical evaluator on eight or more occasions
prior to January 1, 1990.
(6) Does not have a conflict of interest as determined under the
regulations adopted by the administrative director pursuant to
subdivision (o).
(7) Meets any additional medical or professional standards adopted
pursuant to paragraph (6) of subdivision (j).
(c) The administrative director shall adopt standards for
appointment of physicians who are retired or who hold teaching
positions who are exceptionally well qualified to serve as a
qualified medical evaluator even though they do not otherwise qualify
under paragraph (2) of subdivision (b). In no event shall a
A physician whose full-time practice is limited
to the forensic evaluation of disability shall not be
appointed as a qualified medical evaluator under this subdivision.
(d) The qualified medical evaluator, upon request, shall be
reappointed if he or she meets the qualifications of subdivision (b)
and meets all of the following criteria:
(1) Is in compliance with all applicable regulations and
evaluation guidelines adopted by the administrative director.
(2) Has not had more than five of his or her evaluations that were
considered by a workers' compensation administrative law judge at a
contested hearing rejected by the workers' compensation
administrative law judge or the appeals board pursuant to this
section during the most recent two-year period during which the
physician served as a qualified medical evaluator. If the workers'
compensation administrative law judge or the appeals board rejects
the qualified medical evaluator's report on the basis that it fails
to meet the minimum standards for those reports established by the
administrative director or the appeals board, the workers'
compensation administrative law judge or the appeals board, as the
case may be, shall make a specific finding to that effect, and shall
give notice to the medical evaluator and to the administrative
director. Any rejection shall not be counted as one of the five
qualifying rejections until the specific finding has become final and
time for appeal has expired.
(3) Has completed within the previous 24 months at least 12 hours
of continuing education in impairment evaluation or workers'
compensation-related medical dispute evaluation approved by the
administrative director.
(4) Has not been terminated, suspended, placed on probation, or
otherwise disciplined by the administrative director during his or
her most recent term as a qualified medical evaluator.
If the evaluator does not meet any one of these criteria, the
administrative director may in his or her discretion reappoint or
deny reappointment according to regulations adopted by the
administrative director. In no event may a A
physician who does not currently meet the requirements for
initial appointment or who has been terminated under subdivision (e)
because his or her license has been revoked or terminated by the
licensing authority shall not be reappointed.
(e) The administrative director may, in his or her discretion,
suspend or terminate a qualified medical evaluator during his or her
term of appointment without a hearing as provided under subdivision
(k) or ( l ) whenever either of the following conditions
occurs:
(1) The evaluator's license to practice in California has been
suspended by the relevant licensing authority so as to preclude
practice, or has been revoked or terminated by the licensing
authority.
(2) The evaluator has failed to timely pay the fee required by the
administrative director pursuant to subdivision (n).
(f) The administrative director shall furnish a physician, upon
request, with a written statement of its reasons for termination of,
or for denying appointment or reappointment as, a qualified medical
evaluator. Upon receipt of a specific response to the statement of
reasons, the administrative director shall review his or her decision
not to appoint or reappoint the physician or to terminate the
physician and shall notify the physician of its final decision within
60 days after receipt of the physician's response.
(g) The administrative director shall establish agreements with
qualified medical evaluators to assure ensure
the expeditious evaluation of cases assigned to them for
comprehensive medical evaluations.
(h) (1) When requested by an employee or employer pursuant to
Section 4062.1, the medical director appointed pursuant to Section
122 shall assign three-member panels of qualified medical evaluators
within five working days after receiving a request for a panel.
Preference in assigning panels shall be given to cases in which the
employee is not represented. If a panel is not assigned within 20
working days, the employee shall have the right to obtain a medical
evaluation from any qualified medical evaluator of his or her choice
within a reasonable geographic area. The medical director shall use a
random selection method for assigning panels of qualified medical
evaluators. The medical director shall select evaluators who are
specialists of the type requested by the employee. The medical
director shall advise the employee that he or she should consult with
his or her treating physician prior to deciding which type of
specialist to request.
(2) The administrative director shall promulgate a form that shall
notify the employee of the physicians selected for his or her panel
after a request has been made pursuant to Section 4062.1 or 4062.2.
The form shall include, for each physician on the panel, the
physician's name, address, telephone number, specialty, number of
years in practice, and a brief description of his or her education
and training, and shall advise the employee that he or she is
entitled to receive transportation expenses and temporary disability
for each day necessary for the examination. The form shall also state
in a clear and conspicuous location and type: "You have the right to
consult with an information and assistance officer at no cost to you
prior to selecting the doctor to prepare your evaluation, or you may
consult with an attorney. If your claim eventually goes to court,
the workers' compensation administrative law judge will consider the
evaluation prepared by the doctor you select to decide your claim."
(3) When compiling the list of evaluators from which to select
randomly, the medical director shall include all qualified medical
evaluators who meet all of the following criteria:
(A) He or she does not have a conflict of interest in the case, as
defined by regulations adopted pursuant to subdivision (o).
(B) He or she is certified by the administrative director to
evaluate in an appropriate specialty and at locations within the
general geographic area of the employee's residence. An evaluator
shall not conduct qualified medical evaluations at more than 10
locations.
(C) He or she has not been suspended or terminated as a qualified
medical evaluator for failure to pay the fee required by the
administrative director pursuant to subdivision (n) or for any other
reason.
(4) When the medical director determines that an employee has
requested an evaluation by a type of specialist that is appropriate
for the employee's injury, but there are not enough qualified medical
evaluators of that type within the general geographic area of the
employee's residence to establish a three-member panel, the medical
director shall include sufficient qualified medical evaluators from
other geographic areas and the employer shall pay all necessary
travel costs incurred in the event the employee selects an evaluator
from another geographic area.
(i) The medical director appointed pursuant to Section 122 shall
continuously review the quality of comprehensive medical evaluations
and reports prepared by agreed and qualified medical evaluators and
the timeliness with which evaluation reports are prepared and
submitted. The review shall include, but not be limited to, a review
of a random sample of reports submitted to the division, and a review
of all reports alleged to be inaccurate or incomplete by a party to
a case for which the evaluation was prepared. The medical director
shall submit to the administrative director an annual report
summarizing the results of the continuous review of medical
evaluations and reports prepared by agreed and qualified medical
evaluators and make recommendations for the improvement of the system
of medical evaluations and determinations.
(j) After public hearing pursuant to Section 5307.3, the
administrative director shall adopt regulations concerning the
following issues:
(1) (A) Standards governing the timeframes within which medical
evaluations shall be prepared and submitted by agreed and qualified
medical evaluators. Except as provided in this subdivision, the
timeframe for initial medical evaluations to be prepared and
submitted shall be no more than 30 days after the evaluator has seen
the employee or otherwise commenced the medical evaluation procedure.
The administrative director shall develop regulations governing the
provision of extensions of the 30-day period in both of the following
cases:
(i) When the evaluator has not received test results or consulting
physician's evaluations in time to meet the 30-day deadline.
(ii) To extend the 30-day period by not more than 15 days when the
failure to meet the 30-day deadline was for good cause.
(B) For purposes of subparagraph (A), "good cause" means any of
the following:
(i) Medical emergencies of the evaluator or evaluator's family.
(ii) Death in the evaluator's family.
(iii) Natural disasters or other community catastrophes that
interrupt the operation of the evaluator's business.
(C) The administrative director shall develop timeframes governing
availability of qualified medical evaluators for unrepresented
employees under Section 4062.1. These timeframes shall give the
employee the right to the addition of a new evaluator to his or her
panel, selected at random, for each evaluator not available to see
the employee within a specified period of time, but shall also permit
the employee to waive this right for a specified period of time
thereafter.
(2) Procedures to be followed by all physicians in evaluating the
existence and extent of permanent impairment and limitations
resulting from an injury in a manner consistent with Sections 4660
and 4660.1.
(3) Procedures governing the determination of any disputed medical
treatment issues in a manner consistent with Section 5307.27.
(4) Procedures to be used in determining the compensability of
psychiatric injury. The procedures shall be in accordance with
Section 3208.3 and shall require that the diagnosis of a mental
disorder be expressed using the terminology and criteria of the
American Psychiatric Association's Diagnostic and Statistical Manual
of Mental Disorders, Third Edition-Revised, or the terminology and
diagnostic criteria of other psychiatric diagnostic manuals generally
approved and accepted nationally by practitioners in the field of
psychiatric medicine.
(5) Guidelines for the range of time normally required to perform
the following:
(A) A medical-legal evaluation that has not been defined and
valued pursuant to Section 5307.6. The guidelines shall establish
minimum times for patient contact in the conduct of the evaluations,
and shall be consistent with regulations adopted pursuant to Section
5307.6.
(B) Any treatment procedures that have not been defined and valued
pursuant to Section 5307.1.
(C) Any other evaluation procedure requested by the Insurance
Commissioner, or deemed appropriate by the administrative director.
(6) Any additional medical or professional standards that a
medical evaluator shall meet as a condition of appointment,
reappointment, or maintenance in the status of a medical evaluator.
(k) Except as provided in this subdivision, the administrative
director may, in his or her discretion, suspend or terminate the
privilege of a physician to serve as a qualified medical evaluator if
the administrative
director, after hearing pursuant to subdivision ( l ),
determines, based on substantial evidence, that a qualified medical
evaluator:
(1) Has violated any material statutory or administrative duty.
(2) Has failed to follow the medical procedures or qualifications
established pursuant to paragraph (2), (3), (4), or (5) of
subdivision (j).
(3) Has failed to comply with the timeframe standards established
pursuant to subdivision (j).
(4) Has failed to meet the requirements of subdivision (b) or (c).
(5) Has prepared medical-legal evaluations that fail to meet the
minimum standards for those reports established by the administrative
director or the appeals board.
(6) Has made material misrepresentations or false statements in an
application for appointment or reappointment as a qualified medical
evaluator.
No A hearing shall not be
required prior to the suspension or termination of a physician's
privilege to serve as a qualified medical evaluator when the
physician has done either of the following:
(A) Failed to timely pay the fee required pursuant to subdivision
(n).
(B) Had his or her license to practice in California suspended by
the relevant licensing authority so as to preclude practice, or had
the license revoked or terminated by the licensing authority.
( l ) The administrative director shall cite the
qualified medical evaluator for a violation listed in subdivision (k)
and shall set a hearing on the alleged violation within 30 days of
service of the citation on the qualified medical evaluator. In
addition to the authority to terminate or suspend the qualified
medical evaluator upon finding a violation listed in subdivision (k),
the administrative director may, in his or her discretion, place a
qualified medical evaluator on probation subject to appropriate
conditions, including ordering continuing education or training. The
administrative director shall report to the appropriate licensing
board the name of any qualified medical evaluator who is disciplined
pursuant to this subdivision.
(m) The administrative director shall terminate from the list of
medical evaluators any physician where licensure has been terminated
by the relevant licensing board, or who has been convicted of a
misdemeanor or felony related to the conduct of his or her medical
practice, or of a crime of moral turpitude. The administrative
director shall suspend or terminate as a medical evaluator any
physician who has been suspended or placed on probation by the
relevant licensing board. If a physician is suspended or terminated
as a qualified medical evaluator under this subdivision, a report
prepared by the physician that is not complete, signed, and furnished
to one or more of the parties prior to the date of conviction or
action of the licensing board, whichever is earlier, shall not be
admissible in any proceeding before the appeals board nor shall there
be any liability for payment for the report and any expense incurred
by the physician in connection with the report.
(n) Each A qualified medical
evaluator shall pay a fee, as determined by the administrative
director, for appointment or reappointment. These fees shall be based
on a sliding scale as established by the administrative director.
All revenues from fees paid under this subdivision shall be deposited
into the Workers' Compensation Administration Revolving Fund and are
available for expenditure upon appropriation by the Legislature, and
shall not be used by any other department or agency or for any
purpose other than administration of the programs of the
Division of Workers' Compensation related to the provision of medical
treatment to injured employees.
(o) An evaluator may shall not
request or accept any compensation or other thing of value from any
source that does or could create a conflict with his or her duties as
an evaluator under this code. The administrative director, after
consultation with the Commission on Health and Safety and Workers'
Compensation, shall adopt regulations to implement this subdivision.
SEC. 107. Section 139.5 of the Labor Code is amended to read:
139.5. (a) (1) The administrative director shall contract with
one or more independent medical review organizations and one or more
independent bill review organizations to conduct reviews pursuant to
Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 of
Division 4. The independent review organizations shall be independent
of any workers' compensation insurer or workers' compensation claims
administrator doing business in this state. The administrative
director may establish additional requirements, including
conflict-of-interest standards, consistent with the purposes of
Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 of
Division 4, that an organization shall be required to meet in order
to qualify as an independent review organization and to assist the
division in carrying out its responsibilities.
(2) To enable the independent review program to go into effect for
injuries occurring on or after January 1, 2013, and until the
administrative director establishes contracts as otherwise specified
by this section, independent review organizations under contract with
the Department of Managed Health Care pursuant to Section 1374.32 of
the Health and Safety Code may be designated by the administrative
director to conduct reviews pursuant to Article 2 (commencing with
Section 4600) of Chapter 2 of Part 2 of Division 4. The
administrative director may use an interagency agreement to implement
the independent review process beginning January 1, 2013. The
administrative director may initially contract directly with the same
organizations that are under contract with the Department of Managed
Health Care on substantially the same terms without competitive
bidding until January 1, 2015.
(b) (1) The independent medical review organizations and the
medical professionals retained to conduct reviews shall be deemed to
be consultants for purposes of this section.
(2) There shall be no monetary liability on the part of, and no
cause of action shall arise against, any consultant on account of any
communication by that consultant to the administrative director or
any other officer, employee, agent, contractor, or consultant of the
Division of Workers' Compensation, or on account of any communication
by that consultant to any person when that communication is required
by the terms of a contract with the administrative director pursuant
to this section and the consultant does all of the following:
(A) Acts without malice.
(B) Makes a reasonable effort to determine the facts of the matter
communicated.
(C) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to determine the facts.
(3) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
by law. Nothing in this This section
shall not be construed to alter the laws regarding the
confidentiality of medical records.
(c) (1) An organization contracted to perform independent medical
review or independent bill review shall be required to employ a
medical director who shall be responsible for advising the contractor
on clinical issues. The medical director shall be a physician and
surgeon licensed by the Medical Board of California or the
California Osteopathic Medical Board of California
.
(2) The independent review organization, any experts it designates
to conduct a review, or any officer, director, or employee of the
independent review organization shall not have any material
professional, familial, or financial affiliation, as determined by
the administrative director, with any of the following:
(A) The employer, insurer or claims administrator, or utilization
review organization.
(B) Any officer, director, employee of the employer, or insurer or
claims administrator.
(C) A physician, the physician's medical group, the physician's
independent practice association, or other provider involved in the
medical treatment in dispute.
(D) The facility or institution at which either the proposed
health care service, or the alternative service, if any, recommended
by the employer, would be provided.
(E) The development or manufacture of the principal drug, device,
procedure, or other therapy proposed by the employee whose treatment
is under review, or the alternative therapy, if any, recommended by
the employer.
(F) The employee or the employee's immediate family, or the
employee's attorney.
(d) The independent review organizations shall meet all of the
following requirements:
(1) The organization shall not be an affiliate or a subsidiary of,
nor in any way be owned or controlled by, a workers' compensation
insurer, claims administrator, or a trade association of workers'
compensation insurers or claims administrators. A board member,
director, officer, or employee of the independent review organization
shall not serve as a board member, director, or employee of a
workers' compensation insurer or claims administrator. A board
member, director, or officer of a workers' compensation insurer or
claims administrator or a trade association of workers' compensation
insurers or claims administrators shall not serve as a board member,
director, officer, or employee of an independent review organization.
(2) The organization shall submit to the division the following
information upon initial application to contract under this section
and, except as otherwise provided, annually thereafter upon any
change to any of the following information:
(A) The names of all stockholders and owners of more than 5
percent of any stock or options, if a publicly held organization.
(B) The names of all holders of bonds or notes in excess of one
hundred thousand dollars ($100,000), if any.
(C) The names of all corporations and organizations that the
independent review organization controls or is affiliated with, and
the nature and extent of any ownership or control, including the
affiliated organization's type of business.
(D) The names and biographical sketches of all directors,
officers, and executives of the independent review organization, as
well as a statement regarding any past or present relationships the
directors, officers, and executives may have with any employer,
workers' compensation insurer, claims administrator, medical provider
network, managed care organization, provider group, or board or
committee of an employer, workers' compensation insurer, claims
administrator, medical provider network, managed care organization,
or provider group.
(E) (i) The percentage of revenue the independent review
organization receives from expert reviews, including, but not limited
to, external medical reviews, quality assurance reviews, utilization
reviews, and bill reviews.
(ii) The names of any workers' compensation insurer, claims
administrator, or provider group for which the independent review
organization provides review services, including, but not limited to,
utilization review, bill review, quality assurance review, and
external medical review. Any change in this information shall be
reported to the department within five business days of the change.
(F) A description of the review process, including, but not
limited to, the method of selecting expert reviewers and matching the
expert reviewers to specific cases.
(G) A description of the system the independent medical review
organization uses to identify and recruit medical professionals to
review treatment and treatment recommendation decisions, the number
of medical professionals credentialed, and the types of cases and
areas of expertise that the medical professionals are credentialed to
review.
(H) A description of how the independent review organization
ensures compliance with the conflict-of-interest requirements of this
section.
(3) The organization shall demonstrate that it has a quality
assurance mechanism in place that does all of the following:
(A) Ensures that any medical professionals retained are
appropriately credentialed and privileged.
(B) Ensures that the reviews provided by the medical professionals
or bill reviewers are timely, clear, and credible, and that reviews
are monitored for quality on an ongoing basis.
(C) Ensures that the method of selecting medical professionals for
individual cases achieves a fair and impartial panel of medical
professionals who are qualified to render recommendations regarding
the clinical conditions and the medical necessity of treatments or
therapies in question.
(D) Ensures the confidentiality of medical records and the review
materials, consistent with the requirements of this section and
applicable state and federal law.
(E) Ensures the independence of the medical professionals or bill
reviewers retained to perform the reviews through
conflict-of-interest policies and prohibitions, and ensures adequate
screening for conflicts of interest, pursuant to paragraph (5).
(4) Medical professionals selected by independent medical review
organizations to review medical treatment decisions shall be licensed
physicians, as defined by Section 3209.3, in good standing, who meet
the following minimum requirements:
(A) The physician shall be a clinician knowledgeable in the
treatment of the employee's medical condition, knowledgeable about
the proposed treatment, and familiar with guidelines and protocols in
the area of treatment under review.
(B) Notwithstanding any other provision of law,
the physician shall hold a nonrestricted license in any state of the
United States, and for physicians and surgeons holding an M.D. or
D.O. degree, a current certification by a recognized American medical
specialty board in the area or areas appropriate to the condition or
treatment under review. The independent medical review organization
shall give preference to the use of a physician licensed in
California as the reviewer.
(C) The physician shall have no history of disciplinary action or
sanctions, including, but not limited to, loss of staff privileges or
participation restrictions, taken or pending by any hospital,
government, or regulatory body.
(D) Commencing January 1, 2014, the physician shall not hold an
appointment as a qualified medical evaluator pursuant to Section
139.2.
(5) Neither the expert reviewer, nor the independent review
organization, shall have any material professional, material
familial, or material financial affiliation with any of the
following:
(A) The employer, workers' compensation insurer or claims
administrator, or a medical provider network of the insurer or claims
administrator, except that an academic medical center under contract
to the insurer or claims administrator to provide services to
employees may qualify as an independent medical review organization
provided it will not provide the service and provided the center is
not the developer or manufacturer of the proposed treatment.
(B) Any officer, director, or management employee of the employer
or workers' compensation insurer or claims administrator.
(C) The physician, the physician's medical group, or the
independent practice association (IPA) proposing
the treatment.
(D) The institution at which the treatment would be provided.
(E) The development or manufacture of the treatment proposed for
the employee whose condition is under review.
(F) The employee or the employee's immediate family.
(6) For purposes of this subdivision, the following terms shall
have the following meanings:
(A) "Material familial affiliation" means any relationship as a
spouse, child, parent, sibling, spouse's parent, or child's spouse.
(B) "Material financial affiliation" means any financial interest
of more than 5 percent of total annual revenue or total annual income
of an independent review organization or individual to which this
subdivision applies. "Material financial affiliation" does not
include payment by the employer to the independent review
organization for the services required by the administrative director'
s contract with the independent review organization, nor does
"material financial affiliation" include an expert's participation as
a contracting medical provider where the expert is affiliated with
an academic medical center or a National Cancer Institute-designated
clinical cancer research center.
(C) "Material professional affiliation" means any
physician-patient relationship, any partnership or employment
relationship, a shareholder or similar ownership interest in a
professional corporation, or any independent contractor arrangement
that constitutes a material financial affiliation with any expert or
any officer or director of the independent review organization.
"Material professional affiliation" does not include affiliations
that are limited to staff privileges at a health facility.
(e) The division shall provide, upon the request of any interested
person, a copy of all nonproprietary information, as determined by
the administrative director, filed with it by an independent review
organization under contract pursuant to this section. The division
may charge a fee to the interested person for copying the requested
information.
(f) The Legislature finds and declares that the services described
in this section are of such a special and unique nature that they
must be contracted out pursuant to paragraph (3) of subdivision (b)
of Section 19130 of the Government Code. The Legislature further
finds and declares that the services described in this section are a
new state function pursuant to paragraph (2) of subdivision (b) of
Section 19130 of the Government Code.
SEC. 108. Section 230.4 of the Labor Code is amended to read:
230.4. (a) An employee who performs duty as a volunteer
firefighter, a reserve peace officer, or as emergency rescue
personnel, as defined in Section 230.3, and who works for an employer
employing 50 or more employees, shall be permitted to take temporary
leaves of absence, not to exceed an aggregate of 14 days per
calendar year, for the purpose of engaging in fire, law enforcement,
or emergency rescue training.
(b) An employee who works for an employer employing 50 or more
employees who is discharged, threatened with discharge, demoted,
suspended, or in any other manner discriminated against in the terms
and conditions of employment by his or her employer because the
employee has taken time off to engage in fire, law enforcement, or
emergency rescue training as provided in subdivision (a), is entitled
to reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer.
(c) An employee seeking reinstatement and reimbursement pursuant
to this section may file a complaint with the Division of Labor
Standards Enforcement in accordance with Section 98.7, and
98.7 and, upon receipt of this type of
complaint, the Labor Commissioner shall proceed as provided in that
section.
SEC. 109. Section 1773.1 of the Labor Code is amended to read:
1773.1. (a) Per diem wages, as the term is used in this chapter
or in any other statute applicable to public works, includes employer
payments for the following:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training programs authorized by
Section 3093, to the extent that the cost of training is reasonably
related to the amount of the contributions.
(7) Worker protection and assistance programs or committees
established under the federal Labor Management Cooperation Act of
1978 (Section 175a of Title 29 of the United States Code),
(29 U.S.C. Sec. 175a), to the extent that the
activities of the programs or committees are directed to the
monitoring and enforcement of laws related to public works.
(8) Industry advancement and collective bargaining agreements
administrative fees, provided that these payments are required under
a collective bargaining agreement pertaining to the particular craft,
classification, or type of work within the locality or the nearest
labor market area at issue.
(9) Other purposes similar to those specified in paragraphs (1) to
(8), inclusive.
(b) Employer payments include all of the following:
(1) The rate of contribution irrevocably made by the employer to a
trustee or third person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer reasonably
anticipated in providing benefits to workers pursuant to an
enforceable commitment to carry out a financially responsible plan or
program communicated in writing to the workers affected.
(3) Payments to the California Apprenticeship Council pursuant to
Section 1777.5.
(c) Employer payments are a credit against the obligation to pay
the general prevailing rate of per diem wages. However, credit shall
not be granted for benefits required to be provided by other state or
federal law, or for payments made to monitor and enforce laws
related to public works if those payments are not made to a program
or committee established under the federal Labor Management
Cooperation Act of 1978 (Section 175a of Title 29 of the
United States Code) (29 U.S.C. Sec. 175a) .
Credits for employer payments also shall not reduce the obligation to
pay the hourly straight time or overtime wages found to be
prevailing. However, an increased employer payment contribution that
results in a lower hourly straight time or overtime wage shall not be
considered a violation of the applicable prevailing wage
determination if all of the following conditions are met:
(1) The increased employer payment is made pursuant to criteria
set forth in a collective bargaining agreement.
(2) The basic hourly rate and increased employer payment are no
less than the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work in the director'
s general prevailing wage determination.
(3) The employer payment contribution is irrevocable unless made
in error.
(d) An employer may take credit for an employer payment specified
in subdivision (b), even if contributions are not made, or costs are
not paid, during the same pay period for which credit is taken, if
the employer regularly makes the contributions, or regularly pays the
costs, for the plan, fund, or program on no less than a quarterly
basis.
(e) The credit for employer payments shall be computed on an
annualized basis when the employer seeks credit for employer payments
that are higher for public works projects than for private
construction performed by the same employer, unless one or more of
the following occur:
(1) The employer has an enforceable obligation to make the higher
rate of payments on future private construction performed by the
employer.
(2) The higher rate of payments is required by a project labor
agreement.
(3) The payments are made to the California Apprenticeship Council
pursuant to Section 1777.5.
(4) The director determines that annualization would not serve the
purposes of this chapter.
(f) (1) For the purpose of determining those per diem wages for
contracts, the representative of any craft, classification, or type
of worker needed to execute contracts shall file with the Department
of Industrial Relations fully executed copies of the collective
bargaining agreements for the particular craft, classification, or
type of work involved. The collective bargaining agreements shall be
filed after their execution and thereafter may be taken into
consideration pursuant to Section 1773 whenever they are
filed 30 days prior to the call for bids. If the collective
bargaining agreement has not been formalized, a typescript of the
final draft may be filed temporarily, accompanied by a statement
under penalty of perjury as to its effective date.
(2) When a copy of the collective bargaining agreement has
previously been filed, fully executed copies of all modifications and
extensions of the agreement that affect per diem wages or holidays
shall be filed.
(3) The failure to comply with filing requirements of this
subdivision shall not be grounds for setting aside a prevailing wage
determination if the information taken into consideration is correct.
SEC. 110. Section 2055 of the Labor Code is amended to read:
2055. The commissioner may shall
not permit any employer to register, nor may the
commissioner permit any employer or to renew
registration , until all of the following conditions are
satisfied:
(a) The employer has applied for registration to the commissioner
by presenting proof of compliance with the local government's
business licensing or regional regulatory requirements.
(b) The employer has obtained a surety bond issued by a surety
company admitted to do business in this state. The principal sum of
the bond shall not be not less than one
hundred fifty thousand dollars ($150,000). The employer shall file a
copy of the bond with the commissioner.
(1) The bond required by this section shall be in favor of, and
payable to , the people of the State of California ,
and shall be for the benefit of any employee damaged by his or
her employer's failure to pay wages, interest on wages, or fringe
benefits, or damaged by violation of Section 351 or 353.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send written
notice to both the employer and the commissioner, identifying the
bond and the date of the cancellation or termination.
(3) An employer may shall not
conduct any business until the employer obtains a new surety bond and
files a copy of it with the commissioner.
(4) This subdivision shall not apply to an employer covered by a
valid collective bargaining agreement, if the agreement expressly
provides for all of the following:
(A) Wages.
(B) Hours of work.
(C) Working conditions.
(D) An expeditious process to resolve disputes concerning
nonpayment of wages.
(c) The employer has documented that a current workers'
compensation insurance policy is in effect for the employees.
(d) The employer has paid the fees established pursuant to Section
2059.
SEC. 111. Section 4600 of the Labor Code is amended to read:
4600. (a) Medical, surgical, chiropractic, acupuncture, and
hospital treatment, including nursing, medicines, medical and
surgical supplies, crutches, and apparatuses, including orthotic and
prosthetic devices and services, that is reasonably required to cure
or relieve the injured
worker from the effects of his or her injury shall be provided by the
employer. In the case of his or her neglect or refusal reasonably to
do so, the employer is liable for the reasonable expense incurred by
or on behalf of the employee in providing treatment.
(b) As used in this division and notwithstanding any other law,
medical treatment that is reasonably required to cure or relieve the
injured worker from the effects of his or her injury means treatment
that is based upon the guidelines adopted by the administrative
director pursuant to Section 5307.27.
(c) Unless the employer or the employer's insurer has established
or contracted with a medical provider network as provided for in
Section 4616, after 30 days from the date the injury is reported, the
employee may be treated by a physician of his or her own choice or
at a facility of his or her own choice within a reasonable geographic
area. A chiropractor shall not be a treating physician after the
employee has received the maximum number of chiropractic visits
allowed by subdivision (c) of Section 4604.5.
(d) (1) If an employee has notified his or her employer in writing
prior to the date of injury that he or she has a personal physician,
the employee shall have the right to be treated by that physician
from the date of injury if the employee has health care coverage for
nonoccupational injuries or illnesses on the date of injury in a
plan, policy, or fund as described in subdivisions (b), (c), and (d)
of Section 4616.7.
(2) For purposes of paragraph (1), a personal physician shall meet
all of the following conditions:
(A) Be the employee's regular physician and surgeon, licensed
pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of
the Business and Professions Code.
(B) Be the employee's primary care physician and has previously
directed the medical treatment of the employee, and who retains the
employee's medical records, including his or her medical history.
"Personal physician" includes a medical group, if the medical group
is a single corporation or partnership composed of licensed doctors
of medicine or osteopathy, which operates an integrated
multispecialty medical group providing comprehensive medical services
predominantly for nonoccupational illnesses and injuries.
(C) The physician agrees to be predesignated.
(3) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a health care service
plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code, and the employer is
notified pursuant to paragraph (1), all medical treatment,
utilization review of medical treatment, access to medical treatment,
and other medical treatment issues shall be governed by Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code. Disputes regarding the provision of medical treatment shall be
resolved pursuant to Article 5.55 (commencing with Section 1374.30)
of Chapter 2.2 of Division 2 of the Health and Safety Code.
(4) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a group health
insurance policy as described in Section 4616.7, all medical
treatment, utilization review of medical treatment, access to medical
treatment, and other medical treatment issues shall be governed by
the applicable provisions of the Insurance Code.
(5) The insurer may require prior authorization of any
nonemergency treatment or diagnostic service and may conduct
reasonably necessary utilization review pursuant to Section 4610.
(6) An employee shall be entitled to all medically appropriate
referrals by the personal physician to other physicians or medical
providers within the nonoccupational health care plan. An employee
shall be entitled to treatment by physicians or other medical
providers outside of the nonoccupational health care plan pursuant to
standards established in Article 5 (commencing with Section 1367) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
(e) (1) When at the request of the employer, the employer's
insurer, the administrative director, the appeals board, or a workers'
compensation administrative law judge, the employee submits to
examination by a physician, he or she shall be entitled to receive,
in addition to all other benefits herein provided, all reasonable
expenses of transportation, meals, and lodging incident to reporting
for the examination, together with one day of temporary disability
indemnity for each day of wages lost in submitting to the
examination.
(2) Regardless of the date of injury, "reasonable expenses of
transportation" includes mileage fees from the employee's home to the
place of the examination and back at the rate of twenty-one cents
($0.21) a mile or the mileage rate adopted by the Director of Human
Resources pursuant to Section 19820 of the Government Code, whichever
is higher, plus any bridge tolls. The mileage and tolls shall be
paid to the employee at the time he or she is given notification of
the time and place of the examination.
(f) When at the request of the employer, the employer's insurer,
the administrative director, the appeals board, or a workers'
compensation administrative law judge, an employee submits to
examination by a physician and the employee does not proficiently
speak or understand the English language, he or she shall be entitled
to the services of a qualified interpreter in accordance with
conditions and a fee schedule prescribed by the administrative
director. These services shall be provided by the employer. For
purposes of this section, "qualified interpreter" means a language
interpreter certified, or deemed certified, pursuant to Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, or Section 68566 of, the Government Code.
(g) If the injured employee cannot effectively communicate with
his or her treating physician because he or she cannot proficiently
speak or understand the English language, the injured employee is
entitled to the services of a qualified interpreter during medical
treatment appointments. To be a qualified interpreter for purposes of
medical treatment appointments, an interpreter is not required to
meet the requirements of subdivision (f), but commencing March 1,
2014, shall meet any requirements established by rule by the
administrative director that are substantially similar to the
requirements set forth in Section 1367.04 of the Health and Safety
Code, notwithstanding any other effective date established in
regulations. The administrative director shall adopt a fee schedule
for qualified interpreter fees in accordance with this section. Upon
request of the injured employee, the employer or insurance carrier
shall pay for interpreter services. An employer shall not be required
to pay for the services of an interpreter who is not certified or is
provisionally certified by the person conducting the medical
treatment or examination unless either the employer consents in
advance to the selection of the individual who provides the
interpreting service or the injured worker requires interpreting
service in a language other than the languages designated pursuant to
Section 11435.40 of the Government Code.
(h) Home health care services shall be provided as medical
treatment only if reasonably required to cure or relieve the injured
employee from the effects of his or her injury and prescribed by a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code,
and subject to Section 5307.1 or 5703.8
5307.8 . The employer shall not be liable for home health care
services that are provided more than 14 days prior to the date of the
employer's receipt of the physician's prescription.
SEC. 112. Section 5502 of the Labor Code is amended to read:
5502. (a) Except as provided in subdivisions (b) and (d), the
hearing shall be held not less than 10 days, and not more than 60
days, after the date a declaration of readiness to proceed, on a form
prescribed by the appeals board, is filed. If a claim form has been
filed for an injury occurring on or after January 1, 1990, and before
January 1, 1994, an application for adjudication shall accompany the
declaration of readiness to proceed.
(b) The administrative director shall establish a priority
calendar for issues requiring an expedited hearing and decision. A
hearing shall be held and a determination as to the rights of the
parties shall be made and filed within 30 days after the declaration
of readiness to proceed is filed if the issues in dispute are any of
the following, provided that if an expedited hearing is requested, no
other issue may be heard until the medical provider network dispute
is resolved:
(1) The employee's entitlement to medical treatment pursuant to
Section 4600, except for treatment issues determined pursuant to
Sections 4610 and 4610.5.
(2) Whether the injured employee is required to obtain treatment
within a medical provider network.
(3) A medical treatment appointment or medical-legal examination.
(4) The employee's entitlement to, or the amount of, temporary
disability indemnity payments.
(5) The employee's entitlement to compensation from one or more
responsible employers when two or more employers dispute liability as
among themselves.
(6) Any other issues requiring an expedited hearing and
determination as prescribed in rules and regulations of the
administrative director.
(c) The administrative director shall establish a priority
conference calendar for cases in which the employee is represented by
an attorney and the issues in dispute are employment or injury
arising out of employment or in the course of employment. The
conference shall be conducted by a workers' compensation
administrative law judge within 30 days after the declaration of
readiness to proceed. If the dispute cannot be resolved at the
conference, a trial shall be set as expeditiously as possible, unless
good cause is shown why discovery is not complete, in which case
status conferences shall be held at regular intervals. The case shall
be set for trial when discovery is complete, or when the workers'
compensation administrative law judge determines that the parties
have had sufficient time in which to complete reasonable discovery. A
determination as to the rights of the parties shall be made and
filed within 30 days after the trial.
(d) (1) In all cases, a mandatory settlement conference, except a
lien conference or a mandatory settlement lien conference, shall be
conducted not less than 10 days, and not more than 30 days, after the
filing of a declaration of readiness to proceed. If the dispute is
not resolved, the regular hearing, except a lien trial, shall be held
within 75 days after the declaration of readiness to proceed is
filed.
(2) The settlement conference shall be conducted by a workers'
compensation administrative law judge or by a referee who is eligible
to be a workers' compensation administrative law judge or eligible
to be an arbitrator under Section 5270.5. At the mandatory settlement
conference, the referee or workers' compensation administrative law
judge shall have the authority to resolve the dispute, including the
authority to approve a compromise and release or issue a stipulated
finding and award, and if the dispute cannot be resolved, to frame
the issues and stipulations for trial. The appeals board shall adopt
any regulations needed to implement this subdivision. The presiding
workers' compensation administrative law judge shall supervise
settlement conference referees in the performance of their judicial
functions under this subdivision.
(3) If the claim is not resolved at the mandatory settlement
conference, the parties shall file a pretrial conference statement
noting the specific issues in dispute, each party's proposed
permanent disability rating, and listing the exhibits, and disclosing
witnesses. Discovery shall close on the date of the mandatory
settlement conference. Evidence not disclosed or obtained thereafter
shall not be admissible unless the proponent of the evidence can
demonstrate that it was not available or could not have been
discovered by the exercise of due diligence prior to the settlement
conference.
(e) In cases involving the Director of Industrial Relations in his
or her capacity as administrator of the Uninsured Employers
Benefits Trust Fund, this section shall not apply unless proof
of service, as specified in paragraph (1) of subdivision (d) of
Section 3716, has been filed with the appeals board and provided to
the Director of Industrial Relations, valid jurisdiction has been
established over the employer, and the fund has been joined.
(f) Except as provided in subdivision (a) and in Section
4065, (a), the provisions of this section shall
apply irrespective of the date of injury.
SEC. 113. Section 935 of the Military and Veterans Code is amended
to read:
935. (a) The governing
board of any county may grant financial assistance, relief, and
support to a disabled veteran, as defined in Section 999.
SEC. 114. Section 952 of the Military and Veterans Code is amended
to read:
952. (a) A cemetery corporation or association, or other entity
in possession of the cremated remains of a veteran or dependent of a
veteran, shall, upon request of a veterans' remains organization and
after verifying the status of the veterans' remains organization as
an organization currently authorized by the United States Department
of Veterans Affairs and the National Personnel Records Center or as
an organization authorized by the local county board of supervisors
to verify and inter unclaimed cremated remains of American veterans,
release veteran status information to the veterans' remains
organization.
(b) The use or disclosure of veteran status information obtained
by a veterans' remains organization pursuant to subdivision (a) shall
be permitted only for the purpose of verifying veteran interment
benefits of the deceased veteran or a dependent of a veteran with the
California Department of Veterans Affairs and shall not be used or
disclosed for any other purpose.
(c) The cemetery authority, cemetery corporation or association,
or other entity in possession of the cremated remains of a veteran or
dependent of a veteran may, upon request of a veterans' remains
organization and after verifying the status of the veterans' remains
organization as an organization currently authorized by the United
States Department of Veterans Affairs and the National Personnel
Records Center or as an organization authorized by the local county
board of supervisors to verify and inter unclaimed cremated remains
of American veterans, release the cremated remains of the veteran or
dependent of a veteran to a veterans' remains organization for the
sole purpose of interment, subject to Section 943 of this code
and Sections 7110 and 7208 of the Health and Safety Code, when
all of the following conditions have been met:
(1) The veterans' remains organization has verified the interment
benefits of the deceased veteran or dependent of a veteran with the
California Department of Veterans Affairs and provided documentation
of the verification to the cemetery authority, cemetery corporation
or association, or other entity that the decedent is a veteran or a
dependent of a veteran eligible for burial in a national or state
cemetery.
(2) The veterans' remains organization has made a reasonable
effort to locate the agent or family member who has the right to
control the cremated remains of the veteran or dependent of a
veteran.
(3) The veterans' remains organization has provided notice to all
known agents or family members who have the right to control the
cremated remains of the veteran or dependent of a veteran of the
veteran's remains organization's intent to claim the cremated remains
of the veteran or dependent of a veteran for the purpose of
providing a proper burial of the cremated remains of the veteran or
dependent of a veteran in accordance with Section 943 of this
code and Sections 7110 and 7208 of the Health and Safety Code.
(4) An agent or family member who has the right to control the
cremated remains of the veteran or dependent of a veteran has made no
attempt to claim the cremated remains.
(5) The cremated remains have been in the possession of the
cemetery authority, cemetery corporation or association, or other
entity for a period of at least one year.
(d) The cemetery authority, cemetery corporation or association,
or other entity that releases veteran status information or cremated
remains of the veteran or dependent of a veteran pursuant to this
section shall not be subject to civil liability, except for gross
negligence, if all of the conditions of this section are met.
SEC. 115. Section 136.2 of the Penal Code, as amended by Section
1.5 of Chapter 291 of the Statutes of 2013, is amended to read:
136.2. (a) Upon a good cause belief that harm to, or intimidation
or dissuasion of, a victim or witness has occurred or is reasonably
likely to occur, a court with jurisdiction over a criminal matter may
issue orders, including, but not limited to, the following:
(1) An order issued pursuant to Section 6320 of the Family Code.
(2) An order that a defendant shall not violate any provision of
Section 136.1.
(3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
(4) An order that a person described in this section shall have no
communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.
(5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
(6) (A) An order that a particular law enforcement agency within
the jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
(B) For purposes of this paragraph, "immediate family members"
include the spouse, children, or parents of the victim or witness.
(7) (A) An order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It is
the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
(B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
(I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
(II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.
(C) An order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
(D) A protective order issued under this paragraph may require the
defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to pay
for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted the
policy to authorize electronic monitoring. The duration of electronic
monitoring shall not exceed one year from the date the order is
issued. At no time shall the electronic monitoring be in place if the
protective order is not in place.
(b) A person violating an order made pursuant to paragraphs (1) to
(7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, a person so
held in contempt shall be entitled to credit for punishment imposed
therein against a sentence imposed upon conviction of an offense
described in Section 136.1. A conviction or acquittal for a
substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
(c) (1) (A) Notwithstanding subdivision (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or Section
646.91 shall have precedence in enforcement over any other
restraining or protective order, provided the emergency protective
order meets all of the following requirements:
(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in subparagraph (A).
(iii) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
(B) An emergency protective order that meets the requirements of
paragraph (1) shall have precedence in enforcement over the
provisions of any other restraining or protective order only with
respect to those provisions of the emergency protective order that
are more restrictive in relation to the restrained person.
(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have precedence
in enforcement over any other restraining or protective order.
(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(3) A person who owns, possesses, purchases , or
receives, or attempts to purchase or receive a firearm while the
protective order is in effect is punishable pursuant to Section
29825.
(e) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion. All
interested parties shall receive a copy of those orders. In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
(2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been issued, except as described in subdivision
(c), a restraining order or protective order against the defendant
issued by the criminal court in that case has precedence in
enforcement over a civil court order against the defendant.
(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision (f),
but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and, if there is not an emergency protective order
that has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement of, an
appropriate criminal protective order. On or before July 1, 2014, the
Judicial Council shall modify the criminal and civil court forms
consistent with this subdivision.
(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for ensuring appropriate communication and
information sharing between criminal, family, and juvenile courts
concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal
court protective order
subject to the following conditions:
(1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no-contact order" issued by a criminal court.
(2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.
(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms consistent
with this section.
(h) In any case in which a complaint, information, or indictment
charging a crime of domestic violence, as defined in Section 13700,
has been filed, the court may consider, in determining whether good
cause exists to issue an order under paragraph (1) of subdivision
(a), the underlying nature of the offense charged, and the
information provided to the court pursuant to Section 273.75.
(i) (1) In all cases in which a criminal defendant has been
convicted of a crime of domestic violence as defined in Section
13700, a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court, at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact with the
victim. The order may be valid for up to 10 years, as determined by
the court. This protective order may be issued by the court
regardless of whether the defendant is sentenced to the state prison
or a county jail, or whether imposition of sentence is suspended and
the defendant is placed on probation. It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.
(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer with
jurisdiction, adopts a policy authorizing electronic monitoring of
defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that the
defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be paid
for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.
(j) For purposes of this section, "local government" means the
county that has jurisdiction over the protective order.
SEC. 116. Section 145.5 of the Penal Code is amended to read:
145.5. (a) (1) Subject to paragraph (2), notwithstanding any law
to the contrary, no agency of the State of California, no political
subdivision of this state, no employee of an agency, or a political
subdivision, of this state acting in his or her official capacity,
and no member of the California National Guard on official state duty
shall knowingly aid an agency of the Armed Forces
armed forces of the United States in any investigation,
prosecution, or detention of a person within California pursuant to
(A) Sections 1021 and 1022 of the National Defense Authorization Act
for Fiscal Year 2012 (NDAA), (B) the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 2001, or (C) any other federal law, if the state agency, political
subdivision, employee, or member of the California National Guard
would violate the United States Constitution, the California
Constitution, or any law of this state by providing that aid.
(2) Paragraph (1) does not apply to participation by state or
local law enforcement or the California National Guard in a joint
task force, partnership, or other similar cooperative agreement with
federal law enforcement if that joint task force, partnership, or
similar cooperative agreement is not for the purpose of
investigating, prosecuting, or detaining any person pursuant to (A)
Sections 1021 and 1022 of the NDAA, (B) the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 2001, or (C) any other federal law, if the state agency, political
subdivision, employee, or member of the California National Guard
would violate the United States Constitution, the California
Constitution, or any law of this state by providing that aid.
(b) It is the policy of this state to refuse to provide material
support for or to participate in any way with the implementation
within this state of any federal law that purports to authorize
indefinite detention of a person within California. Notwithstanding
any other law, no local law enforcement agency or local or municipal
government, or the employee of that agency or government acting in
his or her official capacity, shall knowingly use state funds or
funds allocated by the state to local entities on or after January 1,
2013, in whole or in part, to engage in any activity that aids an
agency of the Armed Forces armed forces
of the United States in the detention of any person within
California for purposes of implementing Sections 1021 and 1022 of the
NDAA or the federal law known as the Authorization for Use of
Military Force (Public Law 107-40), enacted in 200 1,
2001, if that activity would violate the United
States Constitution, the California Constitution, or any law of this
state.
SEC. 117. Section 273.5 of the Penal Code is amended to read:
273.5. (a) Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision (b) is guilty of a felony, and upon conviction thereof
shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not more than one year, or by
a fine of up to six thousand dollars ($6,000) , or by
both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or
more of the following:
(1) The offender's spouse or former spouse.
(2) The offender's cohabitant or former cohabitant.
(3) The offender's fiancé or fiancée, or someone with whom the
offender has, or previously had, an engagement or dating
relationship, as defined in paragraph (10) of subdivision (f) of
Section 243.
(4) The mother or father of the offender's child.
(c) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(d) As used in this section, "traumatic condition" means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
"strangulation" and "suffocation" include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.
(e) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(f) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
(g) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (f), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (f), it shall be a condition thereof,
of probation, in addition to the provisions contained in
Section 1203.097, that he or she be imprisoned in a county jail for
not less than 15 days.
(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (f), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
(i) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) (A) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the court
finds are the direct result of the defendant's offense.
(B) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any An
order to make payments to a battered women's shelter shall
not be made if it would impair the ability of the defendant to
pay direct restitution to the victim or court-ordered child support.
If the injury to a married person is caused in whole or in part by
the criminal acts of his or her spouse in violation of this section,
the community property may not be used to discharge the liability of
the offending spouse for restitution to the injured spouse, required
by Section 1203.04, as operative on or before August 2, 1995, or
Section 1202.4, or to a shelter for costs with regard to the injured
spouse and dependents, required by this section, until all separate
property of the offending spouse is exhausted.
(j) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and
the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, prison or
county jail, or if imposition of sentence is suspended and the
defendant is placed on probation.
(k) If a peace officer makes an arrest for a violation of this
section, the peace officer is not required to inform the victim of
his or her right to make a citizen's arrest pursuant to subdivision
(b) of Section 836.
SEC. 118. Section 289.6 of the Penal Code is amended to read:
289.6. (a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a health facility or staff for a health facility
under contract with a public entity, who engages in sexual activity
with a consenting adult who is confined in a health facility is
guilty of a public offense. As used in this paragraph, "health
facility" means a health facility as defined in subdivisions (b),
(e), (g), (h), and (j) of, and subparagraph (C) of paragraph (2) of
subdivision (i) of, Section 1250 of the Health and Safety Code, in
which the victim has been confined involuntarily.
(2) An employee or officer of a public entity detention facility,
or an employee, officer, agent of a private person or entity that
provides a detention facility or staff for a detention facility, a
person or agent of a public or private entity under contract with a
detention facility, a volunteer of a private or public entity
detention facility, or a peace officer who engages in sexual activity
with a consenting adult who is confined in a detention facility is
guilty of a public offense.
(3) An employee with a department, board, or authority under the
Department of Corrections and Rehabilitation or a facility under
contract with a department, board, or authority under the Department
of Corrections and Rehabilitation, who, during the course of his or
her employment directly provides treatment, care, control, or
supervision of inmates, wards, or parolees, and who engages in sexual
activity with a consenting adult who is an inmate, ward, or parolee,
is guilty of a public offense.
(b) As used in this section, the term "public entity" means the
state, federal government, a city, a county, a city and county, a
joint county jail district, or any entity created as a result of a
joint powers agreement between two or more public entities.
(c) As used in this section, the term "detention facility" means:
(1) A prison, jail, camp, or other correctional facility used for
the confinement of adults or both adults and minors.
(2) A building or facility used for the confinement of adults or
adults and minors pursuant to a contract with a public entity.
(3) A room that is used for holding persons for interviews,
interrogations, or investigations and that is separate from a jail or
located in the administrative area of a law enforcement facility.
(4) A vehicle used to transport confined persons during their
period of confinement, including transporting a person after he or
she has been arrested but has not been booked.
(5) A court holding facility located within or adjacent to a court
building that is used for the confinement of persons for the purpose
of court appearances.
(d) As used in this section, "sexual activity" means:
(1) Sexual intercourse.
(2) Sodomy, as defined in subdivision (a) of Section 286.
(3) Oral copulation, as defined in subdivision (a) of Section
288a.
(4) Sexual penetration, as defined in subdivision (k) of Section
289.
(5) The rubbing or touching of the breasts or sexual organs of
another, or of oneself in the presence of and with knowledge of
another, with the intent of arousing, appealing to, or gratifying the
lust, passions, or sexual desires of oneself or another.
(e) Consent by a confined person or parolee to sexual activity
proscribed by this section is not a defense to a criminal prosecution
for violation of this section.
(f) This section does not apply to sexual activity between
consenting adults that occurs during an overnight conjugal visit that
takes place pursuant to a court order or with the written approval
of an authorized representative of the public entity that operates or
contracts for the operation of the detention facility where the
conjugal visit takes place, to physical contact or penetration made
pursuant to a lawful search, or bona fide medical examinations or
treatments, including clinical treatments.
(g) Any violation of paragraph (1) of subdivision (a), or a
violation of paragraph (2) or (3) of subdivision (a) as described in
paragraph (5) of subdivision (d), is a misdemeanor.
(h) Any violation of paragraph (2) or (3) of subdivision (a), as
described in paragraph (1), (2), (3), or (4) of subdivision (d),
shall be punished by imprisonment in a county jail not exceeding one
year, or in the state prison, or by a fine of not more than ten
thousand dollars ($10,000) or by both that fine and imprisonment.
(i) Any person previously convicted of a violation of this section
shall, upon a subsequent violation, be guilty of a felony.
(j) Anyone who is convicted of a felony violation of this section
who is employed by a department, board, or authority within the
Department of Corrections and Rehabilitation shall be terminated in
accordance with the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code).
Anyone who has been convicted of a felony violation of this section
shall not be eligible to be hired or reinstated by a department,
board, or authority within the Youth and Adult Correctional
Agency Department of Corrections and Rehabilitation
.
SEC. 119. Section 311.11 of the Penal Code is amended to read:
311.11. (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip,
the production of which involves the use of a person under 18 years
of age, knowing that the matter depicts a person under 18 years of
age personally engaging in or simulating sexual conduct, as defined
in subdivision (d) of Section 311.4, is guilty of a felony and shall
be punished by imprisonment in the state prison, or a county jail for
up to one year, or by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both the fine and imprisonment.
(b) Every person who commits a violation of subdivision (a), and
who has been previously convicted of a violation of this section, an
offense requiring registration under the Sex Offender Registration
Act, or an attempt to commit any of the above-mentioned offenses, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, four, or six years.
(c) Each person who commits a violation of subdivision (a) shall
be punished by imprisonment in the state prison for 16 months, or two
or five years, or shall be punished by imprisonment in a county jail
for up to one year, or by a fine not exceeding two thousand five
hundred dollars ($2,500), or by both the fine and imprisonment, if
one of the following factors exists:
(1) The matter contains more than 600 images that violate
subdivision (a), and the matter contains 10 or more images involving
a prepubescent minor or a minor who has not attained 12 years of age.
(2) The matter portrays sexual sadism or sexual masochism
involving a person under 18 years of age. For purposes of this
section, "sexual sadism" means the intentional infliction of pain for
purposes of sexual gratification or stimulation. For purposes of
this section, "sexual masochism" means intentionally experiencing
pain for purposes of sexual gratification or stimulation.
(d) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
(e) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.
(f) For purposes of determining the number of images under
paragraph (1) of subdivision (c), the following shall apply:
(1) Each photograph, picture, computer,
computer or computer-generated image, or any similar visual
depiction shall be considered to be one image.
(2) Each video, video-clip, movie, or similar visual depiction
shall be considered to have 50 images.
SEC. 120. Section 311.12 of the Penal Code is amended to read:
311.12. (a) (1) Every person who is convicted of a violation of
Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense
involves the production, use, possession, control, or advertising of
matter or image that depicts a person under 18 years of age
personally engaging in or simulating sexual conduct, as defined in
subdivision (d) of Section 311.4, in which the violation is committed
on, or via, a government-owned computer or via a government-owned
computer network, shall, in addition to any imprisonment or fine
imposed for the commission of the underlying offense, be punished by
a fine not exceeding two thousand dollars ($2,000), unless the court
determines that the defendant does not have the ability to pay.
(2) Every person who is convicted of a violation of Section 311.1,
311.2, 311.3, 311.10, or 311.11 in which the offense involves the
production, use, possession, control, or advertising of matter or
image that depicts a person under 18 years of age personally engaging
in or simulating sexual conduct, as defined in subdivision (d) of
Section 311.4, in which the production, transportation, or
distribution of which involves the use, possession, or control of
government-owned property shall, in addition to any imprisonment or
fine imposed for the commission of the underlying offense, be
punished by a fine not exceeding two thousand dollars ($2,000),
unless the court determines that the defendant does not have the
ability to pay.
(b) The fines in subdivision (a) shall not be subject to the
provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the
Government Code, or Sections 1464 and 1465.7 of this code.
(c) Revenue from any fines collected pursuant to this section
shall be deposited into a county fund established for that purpose
and allocated as follows, and a county may transfer all or part of
any of those allocations to another county for the allocated use:
(1) One-third for sexual assault investigator training.
(2) One-third for public agencies and nonprofit corporations that
provide shelter, counseling, or other direct services for victims of
human trafficking.
(3) One-third for multidisciplinary teams.
(d) As used in this section:
(1) "Computer" includes any computer hardware, computer software,
computer floppy disk, data storage medium, or CD-ROM.
(2) "Government-owned" includes property and networks owned or
operated by state government, city government, city and county
government, county government, a public library, or a public college
or university.
(3) "Multidisciplinary teams" means a child-focused,
facility-based program in which representatives from many
disciplines, including law enforcement, child protection,
prosecution, medical and mental health, and victim and child advocacy
work together to conduct interviews and make team decisions about
the investigation, treatment, management, and prosecution of child
abuse cases, including child sexual abuse cases. It is the intent of
the Legislature that this multidisciplinary team approach will
protect victims of child abuse from multiple interviews, result in a
more complete understanding of case issues, and provide the most
effective child child - and
family-focused system response possible.
(e) Nothing in this This section
shall not be construed to require any government or
government entity to retain data in violation of any provision of
state or federal law.
SEC. 121. Section 326.3 of the Penal Code is amended to read:
326.3. (a) The Legislature finds and declares all of the
following:
(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
state.
(2) One of the great strengths of California is a vibrant
nonprofit sector.
(3) Nonprofit and philanthropic organizations touch the lives of
every Californian through service and employment.
(4) Many of these services would not be available if nonprofit
organizations did not provide them.
(5) There is a need to provide methods of fundraising to nonprofit
organizations to enable them to provide these essential services.
(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.
(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.
(8) Legislation is also needed to clarify that existing law
requires that all charitable bingo must be played using a tangible
card and that the only permissible electronic devices to be used by
charitable bingo players are card-minding devices.
(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote caller
bingo game that is played or conducted in a city, county, or city
and county pursuant to an ordinance enacted under Section 19 of
Article IV of the California Constitution, if the ordinance allows a
remote caller bingo game to be played or conducted only in accordance
with this section, including the following requirements:
(1) The game may be conducted only by the following organizations:
(A) An organization that is exempted from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code.
(B) A mobilehome park association.
(C) A senior citizens' organization.
(D) Charitable organizations affiliated with a school district.
(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.
(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.
(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts
of the game.
(5) The operation of bingo may not be the primary purpose for
which the organization is organized.
(c) (1) A city, county, or
city and county may adopt an ordinance in substantially the following
form to authorize remote caller bingo in accordance with the
requirements of subdivision (b):
Sec. _.01. Legislative Authorization.
This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.
Sec. _.02. Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City, County, or
City and County] pursuant to the provisions of Sections 326.3 and
326.4 of the Penal Code, and this chapter, and not otherwise.
Sec. _.03. Qualified Applicants: Applicants for Licensure.
(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the
receipts of those games are used only for charitable purposes:
(1) An organization exempt from the payment of the taxes imposed
under the Corporation Tax Law by Section 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, 23701k, 23701 l , or 23701w of the
Revenue and Taxation Code.
(2) A mobilehome park association of a mobilehome park that is
situated in the City, County, or City and County].
(3) Senior citizen organizations.
(4) Charitable organizations affiliated with a school district.
(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee in an
amount determined by resolution of the Governing Body of the City,
County, or City and County] from time to time. The following
documentation shall be attached to the application, as applicable:
(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer to
the Franchise Tax Board's Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under the
Corporation Tax Law.
(2) Other evidence as the License Official determines is necessary
to verify that the applicant is a duly organized mobilehome park
association of a mobilehome park situated in the City, County, or
City and County].
Sec. _.04. License Application: Verification.
The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.
Sec. _.05. Annual Licenses.
A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application and
payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee
to continue to offer bingo for play. The Governing Body of the City,
County, or City and County] expressly reserves the right to amend or
repeal this chapter at any time by resolution. If this chapter is
repealed, all licenses issued pursuant to this chapter shall cease to
be effective for any purpose on the effective date of the repealing
resolution.
Sec. _.06. Conditions of Licensure.
(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal
Code, and each licensee shall comply with the requirements of those
provisions.
(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:
(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold one
additional game, at its election, in each calendar quarter.
(2) The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or
provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the
Governing Body of the City, County, or City and County] shall hold a
public hearing before revoking any license issued pursuant to this
chapter.
(3) This section shall not require a city, county, or city and
county to use this model ordinance in order to authorize remote
caller bingo.
(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo game may
be paid reasonable fees for services rendered from the revenues of
bingo games, as provided in subdivision (l), except that fees paid
under those agreements shall not be determined as a percentage of
receipts or other revenues from, or be dependent on the outcome of,
the game.
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo game.
A violation of any provision of this section, other than subdivision
(d), is a misdemeanor.
(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.
(g) No minors A minor shall not
be allowed to participate in any remote caller bingo game.
(h) A remote caller bingo game shall include only sites that are
located within this state.
(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. This subdivision shall not be
construed to require that the property that is owned or leased by, or
the use of which is donated to, the organization be used or leased
exclusively by, or donated exclusively to, that organization.
(j) (1) All remote caller bingo games shall be open to the public,
and shall not be limited to the members of the authorized
organization.
(2) No more than 750 players may participate in a remote caller
bingo game in a single location.
(3) If the Governor or the President declares a state of emergency
in response to a natural disaster or other public catastrophe
occurring in California, an organization authorized to conduct remote
caller bingo games may, while that declaration is in effect, conduct
a remote caller bingo game pursuant to this section with more than
750 participants in a single venue if the net proceeds of the game,
after deduction of prizes and overhead expenses, are donated to or
expended exclusively for the relief of the victims of the disaster or
catastrophe, and the organization gives, for each participating
remote caller bingo site, the department and local law enforcement at
least 10 days' written notice of the intent to conduct that game.
(4) For each participating remote caller bingo site, an
organization authorized by the commission to conduct remote caller
bingo games shall provide the department and local law enforcement
with at least 30 days' advance written notice of its intent to
conduct a remote caller bingo game. That notice shall include all of
the following:
(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.
(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated, by
whom.
(C) The name of the licensed caller and site manager.
(D) The names of administrative, managerial, technical, financial,
and security personnel employed.
(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.
(F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).
(G) The license numbers of all persons specified in subparagraphs
(A) to (F), inclusive, who are required to be licensed.
(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The department shall
post the ordinance on its Internet Web site.
(I) A copy of the license issued to the organization by the
governing body of the city, county, or city and county pursuant to
subdivision (b).
(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from any
remote caller bingo game. Only the organization authorized to conduct
a remote caller bingo game shall operate that game, or participate
in the promotion, supervision, or any other phase of a remote caller
bingo game. Subject to subdivision (m), this subdivision shall not
preclude the employment of administrative, managerial, technical,
financial, or security personnel who are not members of the
authorized organization at a location participating in the remote
caller bingo game by the organization conducting the game.
Notwithstanding any other law, exclusive or other agreements between
the authorized organization and other entities or persons to provide
services in the administration, management, or conduct of the game
shall not be considered a violation of the prohibition against
holding a legally cognizable financial interest in the conduct of the
remote caller bingo game by persons or entities other than the
charitable organization, or other entity authorized to conduct the
remote caller bingo games, if those persons or entities obtain the
gambling licenses, the key employee licenses, or the work permits
required by, and otherwise comply with, Chapter 5 (commencing with
Section 19800) of Division 8 of the Business and Professions Code.
Fees to be paid under those agreements shall be reasonable and shall
not be determined as a percentage of receipts or other revenues from,
or be dependent on the outcome of, the game.
(2) An organization that conducts a remote caller bingo game shall
designate a person as having fiduciary responsibility for the game.
( l ) No An individual,
corporation, partnership, or other legal entity, except the
organization authorized to conduct or participate in a remote caller
bingo game, shall not hold a legally cognizable financial
interest in the conduct of that game.
(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs exceeding
20 percent of gross sales, except that the limitations of this
section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, "overhead costs"
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision (d).
For the purpose of keeping its overhead costs below 20 percent of
gross sales, an authorized organization may elect to deduct all or a
portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in "overhead
costs" as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.
(n) A person shall not be allowed to participate in a remote
caller bingo game unless the person is physically present at the time
and place where the remote caller bingo game is being conducted. A
person shall be deemed to be physically present at the place where
the remote caller bingo game is being conducted if he or she is
present at any of the locations participating in the remote caller
bingo game in accordance with this section.
(o) (1) An organization shall not cosponsor a remote caller bingo
game with one or more other organizations unless one of the following
is true:
(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.
(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.
(2) Notwithstanding paragraph (1), a maximum of 10 unaffiliated
organizations described in paragraph (1) of subdivision (b) may enter
into an agreement to cosponsor a remote caller game, but that game
shall have no more than 10 locations.
(3) An organization shall not conduct remote caller bingo more
than two days per week.
(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the department, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.
(p) The value of prizes awarded during the conduct of any remote
caller bingo game shall not exceed 37 percent of the gross receipts
for that game. When an authorized organization elects to deduct fees
paid for the use and processing of credit card sales from the amount
of gross revenues for that game awarded for prizes, the maximum
amount of gross revenues that may be awarded for prizes shall not
exceed 37 percent of the gross receipts for that game, less the
amount of redirected fees paid for the use and processing of credit
card sales. Every remote caller bingo game shall be played until a
winner is declared. Progressive prizes are prohibited. The declared
winner of a remote caller bingo game shall provide his or her
identifying information and a mailing address to the onsite manager
of the remote caller bingo game. Prizes shall be paid only by check;
no cash prizes shall be paid. The organization conducting the remote
caller bingo game may issue a check to the winner at the time of the
game, or may send a check to the declared winner by United States
Postal Service certified mail, return receipt requested. All prize
money exceeding state and federal exemption limits on prize money
shall be subject to income tax reporting and withholding requirements
under applicable state and federal laws and regulations and those
reports and withholding shall be forwarded, within 10 business days,
to the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person on
whose behalf the money is being sent. Any game interrupted by a
transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.
(q) (1) The commission shall require the licensure of the
following:
(A) Any person who contracts to conduct remote caller bingo on
behalf of an organization described in subdivision (b) or who is
identified as having fiduciary responsibility for the game pursuant
to subdivision (k).
(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any organization described
in subdivision (b).
(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in subparagraph
(A) or (B) may submit to the commission a letter of intent to submit
an application for licensure. The letter shall clearly identify the
principal applicant, all categories under which the application will
be filed, and the names of all those particular individuals who are
applying. Each charitable organization shall provide an estimate of
the frequency with which it plans to conduct remote caller bingo
operations, including the number of locations. The letter of intent
may be withdrawn or updated at any time.
(2) (A) Background investigations related to remote caller bingo
conducted by the department shall be in accordance with the Gambling
Control Act (Chapter 5 (commencing with Section 19800) of Division 8
of the Business and Professions Code) and as specified in regulations
promulgated by the commission or the department.
(B) Fees to cover background investigation costs shall be paid and
accounted for in accordance with Section 19867 of the Business and
Professions Code.
(3) (A) Every application for a license or approval by a person
described in subparagraph (A) of paragraph (1) shall be submitted to
the department and accompanied by a nonrefundable fee.
(B) Fees and revenue collected pursuant to this paragraph shall be
deposited in the California Bingo Fund, which is hereby created in
the State Treasury. The funds deposited in the California Bingo Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively for the
support of the commission and department in carrying out their duties
and responsibilities under this section and Section 326.5.
(C) A loan is hereby authorized from the Gambling Control Fund to
the California Bingo Fund on or after January 1, 2009, in an amount
of up to five hundred thousand dollars ($500,000) to fund operating,
personnel, and other startup costs incurred by the commission and
department relating to this section. Funds from the California Bingo
Fund shall be available to the commission and department upon
appropriation by the Legislature in the annual Budget Act. The loan
shall be subject to all of the following conditions:
(i) The loan shall be repaid to the Gambling Control Fund as soon
as there is sufficient money in the California Bingo Fund to repay
the amount loaned, but no later than July 1, 2019.
(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money Investment
Account.
(iii) The terms and conditions of the loan are approved, prior to
the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
The commission and department may assess and collect reasonable
fees and deposits as necessary to defray the costs of regulation and
oversight.
(D) Notwithstanding any other law, the loan authorized by
Provision 1 of Item 0855-001-0567 of the Budget Act of 2009, in the
amount of four hundred fifty-seven thousand dollars ($457,000), shall
be repaid no later than July 1, 2019.
(E) The licensing fee for any person or entity that directly or
indirectly manufactures, distributes, supplies, vends, leases, or
otherwise provides supplies, devices, services, or other equipment
designed for use in the playing of a remote caller bingo game by any
nonprofit organization shall be in an amount determined by the
department, not to exceed the reasonable regulatory costs to the
department and in accordance with regulations adopted pursuant to
this chapter. Prior to the adoption of the regulations, the
nonrefundable license fee shall be the amount of the reasonable
regulatory costs to the department, not to exceed three thousand
dollars ($3,000) per year.
(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts remote
caller bingo games shall apply for, obtain, and thereafter maintain
valid work permits, as defined in Section 19805 of the Business and
Professions Code.
(s) An organization that conducts remote caller bingo games shall
retain records in connection with the remote caller bingo game for
five years.
(t) (1) All equipment used for remote caller bingo shall be
certified as compliant with regulations adopted by the department by
a manufacturing expert recognized by the department. Certifications
shall be submitted to the department prior to the use of any
equipment subject to this subdivision.
(2) The department may monitor operation of the transmission and
other equipment used for remote caller bingo, and monitor the game.
(u) (1) As used in this section, "remote caller bingo game" means
a game of bingo, as defined in subdivision (o) of Section 326.5, in
which the numbers or symbols on randomly drawn plastic balls are
announced by a natural person present at the site at which the live
game is conducted, and the organization conducting the bingo game
uses audio and video technology to link any of its in-state
facilities for the purpose of transmitting the remote calling of a
live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game
from the location at which the game is called by a natural person to
the remote location or locations at which players may participate in
the game. The drawing of each ball bearing a number or symbol by the
natural person calling the game shall be visible to all players as
the ball is drawn, including through a simultaneous live video feed
at remote locations at which players may participate in the game.
(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a nonlicensed
caller if the drawing of balls and calling of numbers or symbols by
that person is observed and personally supervised by a licensed
caller.
(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices, as
described in paragraph (1) of subdivision (p) of Section 326.5.
(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
department the controls, methodology, and standards of game play,
which shall include, but not be limited to, the equipment used to
select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and
distribution to players. Those controls, methodologies, and standards
shall be subject to prior approval by the department, provided that
the controls shall be deemed approved by the department after 90 days
from the date of submission unless disapproved.
(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location in
violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and Professions
Code, including, but not limited to, a location at which unlawful
electronic devices are used.
(w) (1) The vendor of the equipment used in a remote caller bingo
game shall have its books and records audited at least annually by an
independent California certified public accountant and shall submit
the results of that audit to the department within 120 days after the
close of the vendor's fiscal year. In addition, the department may
audit the books and records of the vendor at any time.
(2) An authorized organization that conducts remote caller bingo
games shall be audited by an independent California certified public
accountant at least annually and copies of the audit reports shall be
provided to the department within 60 days of completion of the audit
report. A city, county, or city and county shall be provided a full
copy of the audit or an audit report upon request. The audit report
shall account for the annual amount of fees paid to financial
institutions for the use and processing of credit card sales by the
authorized organization and the amount of fees for the use and
processing of credit card sales redirected from "overhead costs" and
deducted from the amount of gross revenues awarded for prizes.
(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The department may audit the
books and records of an organization that conducts remote caller
bingo games at any time.
(4) If the department identifies practices in violation of this
section, the license for the audited entity may be suspended pending
review and hearing before the commission for a final determination.
(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.
(y) The department shall submit a report to the Legislature, on or
before January 1, 2016, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are
relevant to the public interest regarding remote caller bingo.
(z) The following definitions apply for purposes of this section:
(1) "Commission" means the California Gambling Control Commission.
(2) "Department" means the Department of Justice.
(3) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.
(aa) 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. 122. Section 487a of the Penal Code is amended to read:
487a. (a) Every person who feloniously steals, takes, carries,
leads, or drives away any horse, mare, gelding, any bovine animal,
any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar,
gilt, barrow, or pig, which is the personal property of another, or
who fraudulently appropriates that same property which has been
entrusted to him or her, or who knowingly and designedly, by any
false or fraudulent representation or pretense, defrauds any other
person of that same property, or who causes or procures others to
report falsely of his or her wealth or mercantile character and by
thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of that same property, is
guilty of grand theft.
(b) Every person who shall feloniously steal, take, transport or
carry the carcass of any bovine, caprine, equine, ovine, or suine
animal or of any mule, jack or jenny, which is the personal property
of another, or who shall fraudulently appropriate such property which
has been entrusted to him, him or her,
is guilty of grand theft.
(c) Every person who shall feloniously steal, take, transport, or
carry any portion of the carcass of any bovine, caprine, equine,
ovine, or suine animal or of any mule, jack, or jenny, which has been
killed without the consent of the owner thereof, is guilty of grand
theft.
SEC. 123. Section 519 of the Penal Code is amended to read:
519. Fear, such as will constitute extortion, may be induced by a
threat, either threat of any of the
following :
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
person.
2. To accuse the individual threatened, or a relative of his or
her, or a member of his or her family, of a
crime; or, crime.
3. To expose, or to impute to him, her, or them a deformity,
disgrace, or crime; or, crime.
4. To expose a secret affecting him, her, or them; or,
them.
5. To report his, her, or their immigration status or suspected
immigration status.
SEC. 124. Section 646.91 of the Penal Code is amended to read:
646.91. (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order if a peace officer, as
defined in Section 830.1, 830.2, or 830.32, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
(b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
(c) An emergency protective order shall include all of the
following:
(1) A statement of the grounds asserted for the order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county
in which the protected party resides.
(4) The following statements, which shall be printed in English
and Spanish:
(A) "To the protected person: This order will last until the date
and time noted above. If you wish to seek continuing protection, you
will have to apply for an order from the court at the address noted
above. You may seek the advice of an attorney as to any matter
connected with your application for any future court orders. The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
(B) "To the restrained person: This order will last until the date
and time noted above. The protected party may, however, obtain a
more permanent restraining order from the court. You may seek the
advice of an attorney as to any matter connected with the
application. The attorney should be consulted promptly so that the
attorney may assist you in responding to the application. You
may shall not own, possess, purchase,
or receive, or attempt to purchase or receive, a firearm while this
order is in effect."
(d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
(1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
(2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
(e) An emergency protective order may include either of the
following specific orders as appropriate:
(1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
(2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
(f) An emergency protective order shall be issued without
prejudice to any person.
(g) An emergency protective order expires at the earlier of the
following times:
(1) The close of judicial business on the fifth court day
following the day of its issuance.
(2) The seventh calendar day following the day of its issuance.
(h) A peace officer who requests an emergency protective order
shall do all of the following:
(1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
(3) File a copy of the order with the court as soon as practicable
after issuance.
(4) Have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
Justice.
(i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
(j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
(k) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
(l) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
(m) A person subject to an emergency protective order under this
section shall not own, possess, purchase, or receive a firearm while
the order is in effect.
(n) Nothing in this This section
shall not be construed to permit a court to issue an
emergency protective order prohibiting speech or other activities
that are constitutionally protected or protected by the laws of this
state or by the United States or activities occurring during a labor
dispute, as defined by Section 527.3 of the Code of Civil Procedure,
including, but not limited to, picketing and hand billing.
(o) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
(p) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this This subdivision shall
not be construed to prevent punishment under Section
646.9, in lieu of punishment under this section, if a violation of
Section 646.9 is also pled and proven.
SEC. 125. Section 647 of the Penal Code is amended to read:
647. Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, a
misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution.
No An agreement to engage in an act of
prostitution shall not constitute a violation of this
subdivision unless some act, in addition to the agreement, is done
within this state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that act. As used in
this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who photographs or records by any means the
image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, and the person subsequently
distributes the image taken, with the intent to cause serious
emotional distress, and the depicted person suffers serious emotional
distress.
(B) As used in this paragraph, intimate
"intimate body part part "
means any portion of the genitals, and in the case of a female,
also includes any portion of the breasts below the top of the
areola, that is either uncovered or visible through less than fully
opaque clothing.
(C) Nothing in this This subdivision
precludes shall not preclude
punishment under any section of law providing for greater punishment.
(k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 126. Section 830.3 of the Penal Code, as added by Section 38
of Chapter 515 of the Statutes of 2013, is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Board of
Dental Examiners, who are designated by the Director of Consumer
Affairs, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health,
State Hospitals, and Alcohol and Drug Programs,
the Department of Toxic Substances Control, the Office of Statewide
Health Planning and Development, and the Public Employees' Retirement
System, provided that the primary duty of these peace officers shall
be the enforcement of the law relating to the duties of his or her
department or office. Notwithstanding any other provision of
law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these investigators shall be the enforcement of
the provisions of law administered by the Department of Business
Oversight. Notwithstanding any other provision of
law, the peace officers designated pursuant to this subdivision shall
not carry firearms.
(m) Persons employed by the Contractors
Contractors ' State License Board designated by the
Director of Consumer Affairs pursuant to Section 7011.5 of the
Business and Professions Code, provided that the primary duty of
these persons shall be the enforcement of the law as that duty is set
forth in Section 7011.5, and in Chapter 9 (commencing with Section
7000) of Division 3, of that code. The Director of Consumer Affairs
may designate as peace officers not more than 12 persons who shall at
the time of their designation be assigned to the special
investigations unit of the board. Notwithstanding any other
provision of law, the persons designated pursuant to this
subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the
peace officers designated pursuant to this subdivision shall not
carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring
ensuring the integrity, honesty, and fairness of the
operation and administration of the California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the
peace officers designated pursuant to this subdivision shall not
carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated
pursuant to this subdivision shall not carry firearms.
(v) The Chief, Deputy Chief,
supervising investigators, and investigators of the Office of
Protective Services of the State Department of Developmental
Services, provided that the primary duty of each of those persons
shall be the enforcement of the law relating to the duties of his or
her department or office.
(w) This section shall become operative July 1, 2014.
SEC. 127. Section 1208 of the Penal Code is amended to read:
1208. (a) (1) The provisions of this section, insofar as they
relate to employment, shall be operative in any county in which the
board of supervisors by ordinance finds, on the basis of employment
conditions, the state of the county jail facilities, and other
pertinent circumstances, that the operation of this section, insofar
as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors by
ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances,
that the operation of this section, insofar as it relates to job
training, in that county is feasible. The provisions of this section,
insofar as they relate to education, shall be operative in any
county in which the board of supervisors by ordinance finds, on the
basis of education conditions, the state of the county jail
facilities, and other pertinent circumstances, that the operation of
this section, insofar as it relates to education, in that county is
feasible. In any ordinance the board shall prescribe whether the
sheriff, the probation officer, the director of the county department
of corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county , if it
the board finds by ordinance that because of
changed circumstances, the operation of this section, either with
respect to employment, job training, or education in that county
, is no longer feasible.
(2) Notwithstanding any other provision of law,
the board of supervisors may by ordinance designate a facility for
confinement of prisoners classified for the work furlough program and
designate the work furlough administrator as the custodian of the
facility. The work furlough administrator may operate the work
furlough facility or, with the approval of the board of supervisors,
administer the work furlough facility pursuant to written contracts
with appropriate public or private agencies or private entities. No
agency or private entity may operate a work furlough program or
facility without a written contract with the work furlough
administrator, and no agency or private entity entering into a
written contract may itself employ any person who is in the work
furlough program. The sheriff or director of the county department of
corrections, as the case may be, is authorized to transfer custody
of prisoners to the work furlough administrator to be confined in a
facility for the period during which they are in the work furlough
program.
(3) All privately operated local work furlough facilities and
programs shall be under the jurisdiction of, and subject to the terms
of a written contract entered into with, the work furlough
administrator. Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate in
compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations and
the minimum jail standards for Type IV facilities as established by
regulations adopted by the Board of State and Community Corrections,
and a provision whereby the private agency or entity agrees to
operate in compliance with Section 1208.2, which provides that no
eligible person shall be denied consideration for, or be removed
from, participation in a work furlough program because of an
inability to pay all or a portion of the program fees. The private
agency or entity shall select and train its personnel in accordance
with selection and training requirements adopted by the Board of
State and Community Corrections as set forth in Subchapter 1
(commencing with Section 100) of Chapter 1 of Division 1 of Title 15
of the California Code of Regulations. Failure to comply with the
appropriate health, safety, and fire laws or minimum jail standards
adopted by the board may be cause for termination of the contract.
Upon discovery of a failure to comply with these requirements, the
work furlough administrator shall notify the privately operated
program director that the contract may be canceled if the specified
deficiencies are not corrected within 60 days.
(4) All private work furlough facilities and programs shall be
inspected biennially by the Board of State and Community Corrections
unless the work furlough administrator requests an earlier inspection
pursuant to Section 6031.1. Each private agency or entity shall pay
a fee to the Board of State and Community Corrections commensurate
with the cost of those inspections and a fee commensurate with the
cost of the initial review of the facility.
(b) When a person is convicted and sentenced to the county jail,
or is imprisoned in the county jail for nonpayment of a fine, for
contempt, or as a condition of probation for any criminal offense,
the work furlough administrator may, if he or she concludes that the
person is a fit subject to continue in his or her regular employment,
direct that the person be permitted to continue in that employment,
if that is compatible with the requirements of subdivision (c), or
may authorize the person to secure employment for himself or herself,
unless the court at the time of sentencing or committing has ordered
that the person not be granted work furloughs. The work furlough
administrator may, if he or she concludes that the person is a fit
subject to continue in his or her job training program, direct that
the person be permitted to continue in that job training program, if
that is compatible with the requirements of subdivision (c), or may
authorize the person to secure local job training for himself or
herself, unless the court at the time of sentencing has ordered that
person not be granted work furloughs. The work furlough administrator
may, if he or she concludes that the person is a fit subject to
continue in his or her regular educational program, direct that the
person be permitted to continue in that educational program, if that
is compatible with the requirements of subdivision (c), or may
authorize the person to secure education for himself or herself,
unless the court at the time of sentencing has ordered that person
not be granted work furloughs.
(c) If the work furlough administrator so directs that the
prisoner be permitted to continue in his or her regular employment,
job training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for himself
or herself, the prisoner may do so, and the administrator may assist
the prisoner in doing so. Any employment, job training, or education
so secured shall be suitable for the prisoner. The employment, and
the job training or educational program if it includes earnings by
the prisoner, shall be at a wage at least as high as the prevailing
wage for similar work in the area where the work is performed and in
accordance with the prevailing working conditions in that area. In no
event may any employment, job training, or educational program
involving earnings by the prisoner be permitted where there is a
labor dispute in the establishment in which the prisoner is, or is to
be, employed, trained, or educated.
(d) (1) Whenever the prisoner is not employed or being trained or
educated and between the hours or periods of employment, training, or
education, the prisoner shall be confined in the facility designated
by the board of supervisors for work furlough confinement unless the
work furlough administrator directs otherwise. If the prisoner is
injured during a period of employment, job training, or education,
the work furlough administrator shall have the authority to release
him or her from the facility for continued medical treatment by
private physicians or at medical facilities at the expense of the
employer, workers' compensation insurer, or the prisoner. The release
shall not be construed as assumption of liability by the county or
work furlough administrator for medical treatment obtained.
(2) The work furlough administrator may release any prisoner
classified for the work furlough program for a period not to exceed
72 hours for medical, dental, or psychiatric care, or for family
emergencies or pressing business which would result in severe
hardship if the release were not granted, or to attend those
activities as the administrator deems may effectively promote the
prisoner's successful return to the community, including, but not
limited to, an attempt to secure housing, employment, entry into
educational programs, or participation in community programs.
(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner's
employer to transmit the wages to the administrator at the latter's
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator. If
the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner's earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner's board and personal expenses, both inside and outside the
jail, and shall deduct so much of the costs of administration of this
section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner's dependents, if any. If sufficient funds are available
after making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner's discharge. Upon discharge the balance shall be paid to the
prisoner.
(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.
(g) In the event If the prisoner
violates the conditions laid down for his or her conduct, custody,
job training, education, or employment, the work furlough
administrator may order the balance of the prisoner's sentence to be
spent in actual confinement.
(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during which
he or she is authorized to be away from the place of confinement
pursuant to this section is punishable as provided in Section 4532.
(i) The court may recommend or refer a person to the work furlough
administrator for consideration for placement in the work furlough
program or a particular work furlough facility. The recommendation or
referral of the court shall be given great weight in the
determination of acceptance or denial for placement in the work
furlough program or a particular work furlough facility.
(j) As used in this section, the following definitions apply:
(1) "Education" includes vocational and educational training and
counseling, and psychological, drug abuse, alcoholic, and other
rehabilitative counseling.
(2) "Educator" includes a person or institution providing that
training or counseling.
(3) "Employment" includes care of children, including the daytime
care of children of the prisoner.
(4) "Job training" may include, but shall not be limited to, job
training assistance.
(k) This section shall be known and may be cited as the "Cobey
Work Furlough Law."
SEC. 128. Section 1275 of the Penal Code is amended to read:
1275. (a) (1) In setting, reducing, or denying bail, a judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or at a hearing of the case. The public safety
shall be the primary consideration. In setting bail, a judge or
magistrate may consider factors such as the information included in a
report prepared in accordance with Section 1318.1.
(2) In considering the seriousness of the offense charged, a judge
or magistrate shall include consideration of the alleged injury to
the victim, and alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, a judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
(c) Before a court reduces bail to below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.
SEC. 129. Section 2053.1 of the Penal Code is amended to read:
2053.1. (a) The Secretary of the Department of Corrections and
Rehabilitation shall implement in every state prison literacy
programs that are designed to ensure that upon parole inmates are
able to achieve the goals contained in this section. The department
shall prepare an implementation plan for this program, and shall
request the necessary funds to implement this program as follows:
(1) The department shall offer academic programming throughout an
inmate's incarceration that shall focus on increasing the reading
ability of an inmate to at least a 9th grade level.
(2) For an inmate reading at a 9th grade level or higher, the
department shall focus on helping the inmate obtain a general
education development certificate , or its equivalent
, or a high school diploma.
(3) The department shall offer college programs through voluntary
education programs or their equivalent programs
.
(4) While the department shall offer education to target
populations, priority shall be given to those with a criminogenic
need for education, those who have a need based on their educational
achievement level, or other factors as determined by the department.
(b) In complying with the requirements of this section, the
department shall give strong consideration to computer-assisted
training and other innovations that have proven to be effective in
reducing illiteracy among disadvantaged adults.
SEC. 130. Section 6027 of the Penal Code is amended to read:
6027. (a) It shall be the duty of the Board of State and
Community Corrections to collect and maintain available information
and data about state and community correctional policies, practices,
capacities, and needs, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as they
relate to both adult corrections, juvenile justice, and gang
problems. The board shall seek to collect and make publicly available
up-to-date data and information reflecting the impact of state and
community correctional, juvenile justice, and gang-related policies
and practices enacted in the state, as well as information and data
concerning promising and evidence-based practices from other
jurisdictions.
(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 Attorney's 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
, unified 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 to a broader target
population 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
use 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.
(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 This chapter
shall not 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.
SEC. 131. Section 7442 of the Penal Code is amended to read:
7442. (a) The purpose of the review of local agency records, in a
representative sample of California counties, is to obtain outcome
information about the status of a sample of the children of
incarcerated parents and their caregivers.
(b) Women prisoners who participate in the survey sample of state
prisoners shall provide written permission allowing the California
Research Bureau access to their children's records in regard to
school performance, identity of the caretaker responsible for the
child, child protective services records, public assistance records,
juvenile justice records, and medical records including drug or
alcohol use, and mental health. The California Research Bureau shall
follow appropriate procedures to ensure confidentiality of the
records and to protect the privacy of the survey participants and
their children.
(c) County agencies, including members of multidisciplinary teams,
and school districts shall permit the California Research Bureau to
have reasonable access to records, pursuant to subdivision (b), to
the extent permitted by federal law.
(d) Notwithstanding Section 10850 of the Welfare and Institutions
Code, the survey required by this section is deemed to meet the
research criteria identified in paragraph (3) of subdivision (c) of
Section 11977 11845.5 of the Health and
Safety Code, and subdivision (e) of Section 5328 of the Welfare and
Institutions Code. For purposes of this study, the research is deemed
not to be harmful for the at-risk and vulnerable population of
children of women prisoners.
(e) For purposes of the study only, the California Research Bureau
is authorized to survey records, reports, and documents described in
Section 827 and in paragraph (3) of subdivision (h) of Section
18986.4 of the Welfare and Institutions Code, and information
relative to the incidence of child abuse, as provided by Section
11167, among children in the study sample.
(f) School districts shall permit reasonable access to directory
information by the California Research Bureau for purposes of this
study. The California Research Bureau is deemed an appropriate
organization to conduct studies for legitimate educational interests,
including improving instruction, for purposes of paragraph (4) of
subdivision (b) of Section 4906 of the Education Code. School
variables that the California Research Bureau shall survey shall
include, but not be limited to, attendance patterns, truancy rates,
achievement level, suspension and expulsion rates, and special
education referrals.
SEC. 132. Section 11165.15 of the Penal Code is amended to read:
11165.15. For the purposes of this article, the fact that a child
is homeless or is classified as an unaccompanied minor,
youth, as defined in Section 11434a of the
federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.), is not, in and
of itself, a sufficient basis for reporting child abuse or neglect.
Nothing in this This section shall
not limit a mandated reporter, as defined in Section 11165.7,
from making a report pursuant to Section 11166 whenever the mandated
reporter has knowledge of or observes an unaccompanied minor whom the
mandated reporter knows or reasonably suspects to be the victim of
abuse or neglect.
SEC. 133. Section 13701 of the Penal Code is amended to read:
13701. (a) Every law enforcement agency in this state shall
develop, adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January 1, 1986.
These policies shall reflect that domestic violence is alleged
criminal conduct. Further, they shall reflect existing policy that a
request for assistance in a situation involving domestic violence is
the same as any other request for assistance where violence has
occurred.
(b) The written policies shall encourage the arrest of domestic
violence offenders if there is probable cause that an offense has
been committed. These policies also shall require the arrest of an
offender, absent exigent circumstances, if there is probable cause
that a protective order issued under Chapter 4 (commencing with
Section 2040) of Part 1 of Division 6, Division 10 (commencing with
Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3
of Division 12, of the Family Code, or Section 136.2 of this code, or
by a court of any other state, a commonwealth, territory, or insular
possession subject to the jurisdiction of the United States, a
military tribunal, or a tribe has been violated. These policies shall
discourage, when appropriate, but not prohibit, dual arrests. Peace
officers shall make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer shall
consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies shall be developed, adopted, and implemented by July
1, 1996. Notwithstanding subdivision (d), law enforcement agencies
shall develop these policies with the input of local domestic
violence agencies.
(c) These existing local policies and those developed shall be in
writing and shall be available to the public upon request and shall
include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
(B) A statement that, "For further information about a shelter you
may contact ____."
(C) A statement that, "For information about other services in the
community, where available, you may contact ____."
(D) A statement that, "For information about the California
victims' compensation program, Victims'
Compensation Program, you may contact 1-800-777-9229."
(E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
(i) An order restraining the attacker from abusing the victim and
other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate
in counseling.
(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
(i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to
follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to
the victim, including sexual assault by a person who is the spouse of
the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize use
the response guidelines developed by the commission in developing
local policies.
SEC. 134. Section 16970 of the Penal Code is amended to read:
16970. (a) As used in Sections 16790, 17505, and 30600, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
(b) As used in Chapter 2 (commencing with Section 30500) of
Division 10 of Title 4, except for Section 30600 , "person"
means an individual.
SEC. 135. Section 215 of the Probate Code is amended to read:
215. Where a deceased person has received or may have received
health care under Chapter 7 (commencing with Section 14000) or
Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of
the Welfare and Institutions Code, or was the surviving spouse of a
person who received that health care, the estate attorney, or if
there is no estate attorney, the beneficiary, the personal
representative, or the person in possession of property of the
decedent shall give the Director of Health Care Services
notice of the decedent's death not later than 90 days after the date
of death. The notice shall include a copy of the decedent's death
certificate. The notice shall be given as provided in Section 1215,
addressed to the director at the Sacramento office of the director.
SEC. 136. Section 2574 of the Probate Code is amended to read:
2574. (a) Subject to subdivision (b), the guardian or
conservator, without authorization of the court, may invest funds of
the estate pursuant to this section in:
(1) Direct obligations of the United States, or of the State of
California, maturing not later than five years from the date of
making the investment.
(2) United States Treasury bonds redeemable at par value on the
death of the holder for payment of federal estate taxes, regardless
of maturity date.
(3) Securities listed on an established stock or bond exchange in
the United States which are purchased on such exchange.
(4) Eligible securities for the investment of surplus state moneys
as provided for in Section 16430 of the Government Code.
(5) An interest in a money market mutual fund registered under the
Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an
investment vehicle authorized for the collective investment of trust
funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of
Federal Regulations, the portfolios of which are limited to United
States government obligations maturing not later than five years from
the date of investment and to repurchase agreements fully
collateralized by United States government obligations.
(6) Units of a common trust fund described in Section
1564 1585 of the Financial Code. The common
trust fund shall have as its objective investment primarily in
short-term fixed income obligations and shall be permitted to value
investments at cost pursuant to regulations of the appropriate
regulatory authority.
(b) In making and retaining investments made under this section,
the guardian or conservator shall take into consideration the
circumstances of the estate, indicated cash needs, and, if reasonably
ascertainable, the date of the prospective termination of the
guardianship or conservatorship.
(c) Nothing in this This section
limits shall not limit the authority of
the guardian or conservator to seek court authorization for any
investment, or to make other investments with court authorization, as
provided in this division.
SEC. 137. The heading of Chapter 4 (commencing with Section 3600)
of Part 8 of Division 4 of the Probate Code is amended to read:
CHAPTER 4. MONEY OR PROPERTY PAID OR DELIVERED PURSUANT TO
COMPROMISE OR JUDGMENT FOR MINOR OR INCOMPETENT
DISABLED PERSON
SEC. 138. Section 6325 of the Probate Code is amended to read:
6325. (a) The court in which the proceedings are pending for
administration of the estate of the decedent has jurisdiction, before
or after payment or transfer of benefits and rights or their
proceeds to the trustee, to:
(1) Determine the validity of the trust.
(2) Determine the terms of the trust.
(3) Fill vacancies in the office of trustee.
(4) Require a bond of a trustee in its discretion and in such
amount as the court may determine for the faithful performance of
duties as trustee, subject to the provisions of Article 3 (commencing
with Section 1540) 1570) of Chapter
12 16 of Division 1
1.1 of the Financial Code and Section 15602 of this code.
(5) Grant additional powers to the trustee, as provided in Section
16201.
(6) Instruct the trustee.
(7) Fix or allow payment of compensation of a trustee as provided
in Sections 15680 to 15683, inclusive.
(8) Hear and determine adverse claims to the trust property by the
personal representative, surviving spouse, or other third person.
(9) Determine the identity of the trustee and the trustee's
acceptance or rejection of the office and, upon request, furnish
evidence of trusteeship to a trustee.
(10) Order postponement of the payment or transfer of the benefits
and rights or their proceeds.
(11) Authorize or direct removal of the trust or trust property to
another jurisdiction pursuant to the procedure provided in Chapter 5
(commencing with Section 17400) of Part 5 of Division 9.
(12) Make any order incident to the foregoing or to the
accomplishment of the purposes of this chapter.
(b) The personal representative of the designator's estate, any
trustee named in the will or designation or successor to such
trustee, or any person interested in the estate or trust may petition
the court for an order under this section. Notice of hearing of the
petition shall be given in the manner provided in Section 17203,
except as the court may otherwise order.
SEC. 139. Section 9702 of the Probate Code is amended to read:
9702. (a) A trust company serving as personal representative may
deposit securities that constitute all or part of the estate in a
securities depository , as provided in Section
775 1612 of the Financial Code.
(b) If securities have been deposited with a trust company by a
personal representative pursuant to Section 9701, the trust company
may deposit the securities in a securities depository , as
provided in Section 775 1612 of the
Financial Code.
(c) The securities depository may hold securities deposited with
it in the manner authorized by Section 775
1612 of the Financial Code.
SEC. 140. Section 9730 of the Probate Code is amended to read:
9730. Pending distribution of the estate, the personal
representative may invest money of the estate in possession of the
personal representative in any one or more of the following:
(a) Direct obligations of the United States, or of the State of
California, maturing not later than one year from the date of making
the investment.
(b) An interest in a money market mutual fund registered under the
Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an
investment vehicle authorized for the collective investment of trust
funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of
Federal Regulations, the portfolios of which are limited to United
States government obligations maturing not later than five years from
the date of investment and to repurchase agreements fully
collateralized by United States government obligations.
(c) Units of a common trust fund described in Section
1564 1585 of the Financial Code. The common
trust fund shall have as its objective investment primarily in short
term fixed income obligations and shall be permitted to value
investments at cost pursuant to regulations of the appropriate
regulatory authority.
SEC. 141. Section 20133 of the Public Contract Code is amended to
read:
20133. (a) A county, with approval of the board of supervisors,
may utilize use an alternative
procedure for bidding on construction projects in the county in
excess of two million five hundred thousand dollars ($2,500,000) and
may award the project using either the lowest responsible bidder or
by best value.
(b) (1) It is the intent of the Legislature to enable counties to
utilize use design-build for buildings
and county sanitation wastewater treatment facilities. It is not the
intent of the Legislature to authorize this procedure for other
infrastructure, including, but not limited to, streets and highways,
public rail transit, or water resources facilities and
infrastructures.
(2) The Legislature also finds and declares that utilizing a
design-build contract requires a clear understanding of the roles and
responsibilities of each participant in the design-build process.
(3) (A) For contracts for public works projects awarded prior to
the effective date of regulations adopted by the Department of
Industrial Relations pursuant to subdivision (g) of Section 1771.5 of
the Labor Code, if the board of supervisors elects to proceed under
this section, the board of supervisors shall establish and enforce a
labor compliance program containing the requirements outlined in
Section 1771.5 of the Labor Code, or it shall contract with a third
party to operate a labor compliance program containing the
requirements outlined in Section 1771.5 of the Labor Code. This
requirement shall not apply to any projects where the county or the
design-build entity has entered into a collective bargaining
agreement that binds all of the contractors performing work on the
projects.
(B) For contracts for public works projects awarded on or after
the effective date of regulations adopted by the Department of
Industrial Relations pursuant to subdivision (g) of Section 1771.5 of
the Labor Code, the board of supervisors shall reimburse the
department for its reasonable and directly related costs of
performing prevailing wage monitoring and enforcement on public works
projects pursuant to rates established by the department as set
forth in subdivision (h) of Section 1771.5 of the Labor Code. All
moneys collected pursuant to this paragraph shall be deposited in the
State Public Works Enforcement Fund created by Section 1771.3 of the
Labor Code, and shall be used only for enforcement of prevailing
wage requirements on those projects.
(C) In lieu of reimbursing the Department of Industrial Relations
for its reasonable and directly related costs of performing
monitoring and enforcement on public works projects, the board of
supervisors may elect to continue operating an existing previously
approved labor compliance program to monitor and enforce prevailing
wage requirements on the project if it has either not contracted with
a third party to conduct its labor compliance program and requests
and receives approval from the department to continue its existing
program or it enters into a collective bargaining agreement that
binds all of the contractors performing work on the project and that
includes a mechanism for resolving disputes about the payment of
wages.
(c) As used in this section:
(1) "Best value" means a value determined by objective criteria
related to price, features, functions, and life-cycle costs.
(2) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
(3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(4) "Project" means the construction of a building and
improvements directly related to the construction of a building, and
county sanitation wastewater treatment facilities, but does not
include the construction of other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructure.
(d) Design-build projects shall progress in a four-step process,
as follows:
(1) (A) The county shall prepare a set of documents setting forth
the scope of the project. The documents may include, but are not
limited to, the size, type, and desired design character of the
public improvement, performance specifications covering the quality
of materials, equipment, and workmanship, preliminary plans or
building layouts, or any other information deemed necessary to
describe adequately the county's needs. The performance
specifications and any plans shall be prepared by a design
professional who is duly licensed and registered in California.
(B) Any architect or engineer retained by the county to assist in
the development of the project-specific documents shall not be
eligible to participate in the preparation of a bid with any
design-build entity for that project.
(2) (A) Based on the documents prepared in paragraph (1), the
county shall prepare a request for proposals that invites interested
parties to submit competitive sealed proposals in the manner
prescribed by the county. The request for proposals shall include,
but is not limited to, the following elements:
(i) Identification of the basic scope and needs of the project or
contract, the expected cost range, and other information deemed
necessary by the county to inform interested parties of the
contracting opportunity, to include the methodology that will be used
by the county to evaluate proposals and specifically if the contract
will be awarded to the lowest responsible bidder.
(ii) Significant objective factors that the county reasonably
expects to consider in evaluating proposals, including cost or price
and all nonprice-related factors.
(iii) The relative importance of weight assigned to each of the
factors identified in the request for proposals.
(B) With respect to clause (iii) of subparagraph (A), if a
nonweighted system is used, the agency shall specifically disclose
whether all evaluation factors other than cost or price when combined
are:
(i) Significantly more important than cost or price.
(ii) Approximately equal in importance to cost or price.
(iii) Significantly less important than cost or price.
(C) If the county chooses to reserve the right to hold discussions
or negotiations with responsive bidders, it shall so specify in the
request for proposal and shall publish separately or incorporate into
the request for proposal applicable rules and procedures to be
observed by the county to ensure that any discussions or negotiations
are conducted in good faith.
(3) (A) The county shall establish a procedure to prequalify
design-build entities using a standard questionnaire developed by the
county. In preparing the questionnaire, the county shall consult
with the construction industry, including representatives of the
building trades and surety industry. This questionnaire shall require
information, including, but not limited to, all of the following:
(i) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members known at the time of bid
submission who will participate in the design-build contract,
including, but not limited to, mechanical subcontractors.
(ii) Evidence that the members of the design-build entity have
completed, or demonstrated the experience, competency, capability,
and capacity to complete, projects of similar size, scope, or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project, as well as a financial statement
that assures the county that the design-build entity has the capacity
to complete the project.
(iii) The licenses, registration, and credentials required to
design and construct the project, including information on the
revocation or suspension of any license, credential, or registration.
(iv) Evidence that establishes that the design-build entity has
the capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance.
(v) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973, contained in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code, or
the federal Occupational Safety and Health Act of 1970 (Public Law
91-596), settled against any member of the design-build entity, and
information concerning workers' compensation experience history and
worker safety program.
(vi) Information concerning any debarment, disqualification, or
removal from a federal, state, or local government public works
project. Any instance in which an entity, its owners, officers, or
managing employees submitted a bid on a public works project and were
found to be nonresponsive, or were found by an awarding body not to
be a responsible bidder.
(vii) Any instance in which the entity, or its owners, officers,
or managing employees, defaulted on a construction contract.
(viii) Any violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contributions Act (FICA; 26 U.S.C. Sec. 3101 et
seq.) withholding requirements settled against any member of the
design-build entity.
(ix) Information concerning the bankruptcy or receivership of any
member of the design-build entity, including information concerning
any work completed by a surety.
(x) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five years preceding
submission of a bid pursuant to this section, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed by a
surety during this period.
(xi) In the case of a partnership or an association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the design-build
contract.
(xii) (I) Any instance in which the entity, or any of its members,
owners, officers, or managing employees was, during the five years
preceding submission of a bid pursuant to this section, determined by
a court of competent jurisdiction to have submitted, or legally
admitted for purposes of a criminal plea to have submitted either of
the following:
(ia) Any claim to any public agency or official in violation of
the federal False Claims Act (31 U.S.C. Sec. 3729 et seq.).
(ib) Any claim to any public official in violation of the
California False Claims Act (Article 9 (commencing with Section
12650) of Chapter 6 of Part 2 of Division 3 of Title 2 of
the Government Code).
(II) Information provided pursuant to this subdivision shall
include the name and number of any case filed, the court in which it
was filed, and the date on which it was filed. The entity may also
provide further information regarding any such instance, including
any mitigating or extenuating circumstances that the entity wishes
the county to consider.
(B) The information required pursuant to this subdivision shall be
verified under oath by the entity and its members in the manner in
which civil pleadings in civil actions are verified. Information that
is not a public record pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) shall not be open to public inspection.
(4) The
county shall establish a procedure for final selection of the
design-build entity. Selection shall be based on either of the
following criteria:
(A) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Awards shall be made to the
lowest responsible bidder.
(B) A county may use a design-build competition based upon best
value and other criteria set forth in paragraph (2). The design-build
competition shall include the following elements:
(i) Competitive proposals shall be evaluated by using only the
criteria and selection procedures specifically identified in the
request for proposal. However, the following minimum factors shall
each represent at least 10 percent of the total weight of
consideration given to all criteria factors: price, technical design,
and construction expertise, life-cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
(ii) Once the evaluation is complete, the top three responsive
bidders shall be ranked sequentially from the most advantageous to
the least.
(iii) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing, to be the most
advantageous.
(iv) Notwithstanding any provision of this code, upon issuance of
a contract award, the county shall publicly announce its award,
identifying the contractor to whom the award is made, along with a
written decision supporting its contract award and stating the basis
of the award. The notice of award shall also include the county's
second and third ranked design-build entities.
(v) For purposes of this paragraph, "skilled labor force
availability" shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the California
Apprenticeship Council, which has graduated apprentices in each of
the preceding five years. This graduation requirement shall not apply
to programs providing apprenticeship training for any craft that has
been deemed by the Department of Labor and the Department of
Industrial Relations to be an apprenticeable craft in the five years
prior to enactment of this act.
(vi) For purposes of this paragraph, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury/illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
(e) (1) Any design-build entity that is selected to design and
build a project pursuant to this section shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omission insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This section does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
(2) Any payment or performance bond written for the purposes of
this section shall be written using a bond form developed by the
county.
(f) All subcontractors that were not listed by the design-build
entity in accordance with clause (i) of subparagraph (A) of paragraph
(3) of subdivision (d) shall be awarded by the design-build entity
in accordance with the design-build process set forth by the county
in the design-build package. All subcontractors bidding on contracts
pursuant to this section shall be afforded the protections contained
in Chapter 4 (commencing with Section 4100) of Part 1. The
design-build entity shall do both of the following:
(1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county.
(2) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with the procedure established pursuant
to this section.
(g) Lists of subcontractors, bidders, and bid awards relating to
the project shall be submitted by the design-build entity to the
awarding body within 14 days of the award. These documents are deemed
to be public records and shall be available for public inspection
pursuant to this chapter and Article 1 (commencing with Section 6250)
of Chapter 3.5 of Division 7 of Title 1 of the Government
Code.
(h) The minimum performance criteria and design standards
established pursuant to paragraph (1) of subdivision (d) shall be
adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the county.
(i) The county may retain the services of a design professional or
construction project manager, or both, throughout the course of the
project in order to ensure compliance with this section.
(j) Contracts awarded pursuant to this section shall be valid
until the project is completed.
(k) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available at law.
(l) (1) If the county elects to award a project pursuant to this
section, retention proceeds withheld by the county from the
design-build entity shall not exceed 5 percent if a performance and
payment bond, issued by an admitted surety insurer, is required in
the solicitation of bids.
(2) In a contract between the design-build entity and the
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the county and the design-build entity. If the design-build
entity provides written notice to any subcontractor who
that is not a member of the design-build entity,
prior to or at the time the bid is requested, that a bond may be
required and the subcontractor subsequently is unable or refuses to
furnish a bond to the design-build entity, then the design-build
entity may withhold retention proceeds in excess of the percentage
specified in the contract between the county and the design-build
entity from any payment made by the design-build entity to the
subcontractor.
(m) Each county that elects to proceed under this section and uses
the design-build method on a public works project shall submit to
the Legislative Analyst's Office before September 1, 2013, a report
containing a description of each public works project procured
through the design-build process and completed after November 1,
2009, and before August 1, 2013. The report shall include, but shall
not be limited to, all of the following information:
(1) The type of project.
(2) The gross square footage of the project.
(3) The design-build entity that was awarded the project.
(4) The estimated and actual length of time to complete the
project.
(5) The estimated and actual project costs.
(6) Whether the project was met or altered.
(7) The number and amount of project change orders.
(8) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protests.
(9) An assessment of the prequalification process and criteria.
(10) An assessment of the effect of retaining 5 percent retention
on the project.
(11) A description of the Labor Force Compliance Program and an
assessment of the project impact, where required.
(12) A description of the method used to award the contract. If
best value was the method, the report shall describe the factors used
to evaluate the bid, including the weighting of each factor and an
assessment of the effectiveness of the methodology.
(13) An assessment of the project impact of "skilled labor force
availability."
(14) An assessment of the design-build dollar limits on county
projects. This assessment shall include projects where the county
wanted to use design-build and was precluded by the dollar
limitation. This assessment shall also include projects where the
best value method was not used due to dollar limitations.
(15) An assessment of the most appropriate uses for the
design-build approach.
(n) Any county that elects not to use the authority granted by
this section may submit a report to the Legislative Analyst's Office
explaining why the county elected not to use the design-build method.
(o) On or before January 1, 2014, the Legislative Analyst shall
report to the Legislature on the use of the design-build method by
counties pursuant to this section, including the information listed
in subdivisions (m) and (p). The report may include recommendations
for modifying or extending this section.
(p) The Legislative Analyst shall complete a fact-based analysis
of the use of the design-build method by counties pursuant to this
section, utilizing using the
information provided pursuant to subdivision (m) and any independent
information provided by the public or interested parties. The
Legislative Analyst shall select a representative sample of projects
under this section and review available public records and reports,
media reports, and related information in its analysis. The
Legislative Analyst shall compile the information required to be
analyzed pursuant to this subdivision into a report, which shall be
provided to the Legislature. The report shall include conclusions
describing the actual cost of projects procured pursuant to this
section, whether the project schedule was met or altered, and whether
projects needed or used project change orders.
(q) Except as provided in this section, this act shall not be
construed to affect the application of any other law.
(r) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.
SEC. 142. Section 6217.6 of the Public Resources Code is amended
to read:
6217.6. All rental income received for surface uses ,
including, but not limited to, surface drilling rights, upon lands
under the jurisdiction of the State Lands Commission shall be
deposited in the State Treasury to the credit of the General Fund,
except as follows:
(a) Income from state school lands, as provided in Section 6217.5.
(b) Royalties received from extraction of minerals on the surface
of those lands, as provided in Section 6217.
(c) (1) All rental income from surface uses for lands at Lake
Tahoe.
(2) The rental income specified in paragraph (1) shall be
deposited into the Lake Tahoe Science and Lake Improvement Account,
for expenditure upon appropriation by the Legislature pursuant to
Section 6717.6.1 6217.6.1 .
SEC. 143. Section 6717.6.1 of the Public Resources Code is amended
and renumbered to read:
6717.6.1. 6217.6.1 (a) For
purposes of this section, the following definitions shall
apply terms shall have the follow ing
meanings :
(1) "Account" means the Lake Tahoe Science and Lake Improvement
Account created pursuant to this section.
(2) "Compact" means the Tahoe Regional Planning Compact.
(3) "Resources agency" means the Natural Resources Agency.
(4) "Secretary" means the Secretary of the Natural Resources
Agency.
(b) The Lake Tahoe Science and Lake Improvement Account is hereby
created in the General Fund. The moneys in the account may be
expended by the agency, upon appropriation by the Legislature, for
the purposes of this section, with appropriate disclosure pursuant to
subdivision (d). The secretary shall administer the account.
(c) Notwithstanding Section 6217, the funds in the account shall
be expended as follows:
(1) The costs associated with establishing the bistate
science-based advisory council established pursuant to subdivision
(e).
(2) For near-shore environmental improvement program activities
and projects that include, but are not limited to, all of the
following:
(A) (i) Near-shore aquatic invasive species projects and projects
to improve public access to sovereign land in Lake Tahoe, including
planning and site improvement or reconstruction projects on public
land, and land acquisitions from willing sellers, subject to clause
(ii).
(ii) Near-shore aquatic invasive species projects and projects to
improve public access to sovereign land in Lake Tahoe may be funded
only if matching funds for this purpose are provided by the
California Tahoe Conservancy or by another public entity. The
conservancy shall coordinate the selection of projects to be funded
through a collaborative process that includes the participation of
other public agencies, nonprofit organizations, and private
landowners, including those persons or organizations that pay the
rental income described in paragraph (1) of subdivision (c) of
Section 6217.6.
(B) (i) Near-shore water quality monitoring, subject to clause
(ii).
(ii) Near-shore water quality monitoring may be funded only if
matching funds for this purpose are provided from the Lahontan
Regional Water Quality Control Board or by another public entity.
(d) The agency, or another agency designated by it, shall, on a
publicly accessible Internet Web site, annually make available
information regarding any activity funded pursuant to this section.
The information shall include, at a minimum, all of the following:
(1) The name of the agency, or agencies, to which funding was
allocated.
(2) A summary of the activities and projects funded by the
account.
(3) The amount allocated for the activity.
(4) An anticipated timeline and total cost for completion of the
activity.
(e) The secretary may enter into a memorandum of agreement with
the Nevada Department of Conservation and Natural Resources to
establish and operate a bistate science-based advisory council in the
Tahoe basin whose purpose is to promote and enhance the use of the
best available scientific information on matters of interest to both
states. The organization shall be nonregulatory, and shall focus on
activities that will advance attainment of environmental thresholds,
as provided in the compact. A majority of the governing body of that
organization shall be comprised of scientists with expertise in
disciplines pertinent to achieving and maintaining the goals of the
compact.
SEC. 144. Section 25722.8 of the Public Resources Code is amended
to read:
25722.8. (a) On or before July 1, 2009, the Secretary of
State and Consumer Services, the Government
Operations Agency, in consultation with the Department of
General Services and other appropriate state agencies that maintain
or purchase vehicles for the state fleet, including the campuses of
the California State University, shall develop and implement, and
submit to the Legislature and the Governor, a plan to improve the
overall state fleet's use of alternative fuels, synthetic lubricants,
and fuel-efficient vehicles by reducing or displacing the
consumption of petroleum products by the state fleet when compared to
the 2003 consumption level based on the following schedule:
(1) By January 1, 2012, a 10-percent reduction or displacement.
(2) By January 1, 2020, a 20-percent reduction or displacement.
(b) Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall post the progress report on its Internet Web
site.
(c) (1) The Department of General Services shall encourage, to the
extent feasible, the operation of state alternatively fueled
vehicles on the alternative fuel for which the vehicle is designed
and the development of commercial infrastructure for alternative fuel
pumps and charging stations at or near state vehicle fueling or
parking sites.
(2) The Department of General Services shall work with other
public agencies to incentivize and promote, to the extent feasible,
state employee operation of alternatively fueled vehicles through
preferential or reduced-cost parking, access to charging, or other
means.
(3) For purposes of this subdivision, "alternatively fueled
vehicles" means light-, medium-, and heavy-duty vehicles that reduce
petroleum usage and related emissions by using advanced technologies
and fuels, including, but not limited to, hybrid, plug-in hybrid,
battery electric, natural gas, or fuel cell vehicles and including
those vehicles described in Section 5205.5 of the Vehicle Code.
SEC. 145. Section 30620 of the Public Resources Code is amended to
read:
30620. (a) By January 30, 1977, the commission shall, consistent
with this chapter, prepare interim procedures for the submission,
review, and appeal of coastal development permit applications and of
claims of exemption. These procedures shall include, but are not
limited to, all of the following:
(1) Application and appeal forms.
(2) Reasonable provisions for notification to the commission and
other interested persons of an action taken by a local government
pursuant to this chapter, in sufficient detail to ensure that a
preliminary review of that action for conformity with this chapter
can be made.
(3) Interpretive guidelines designed to assist local governments,
the commission, and persons subject to this chapter in determining
how the policies of this division shall be applied in the coastal
zone prior to the certification, and through the preparation and
amendment, of local coastal programs. However, the guidelines shall
not supersede, enlarge, or diminish the powers or authority of the
commission or any other public agency.
(b) Not No later than May 1, 1977,
the commission shall, after public hearing, adopt permanent
procedures that include the components specified in subdivision (a)
and shall transmit a copy of those procedures to each local
government within the coastal zone and make them readily available to
the public. The After May 1, 1977, the
commission may thereafter , from time to time,
and, except in cases of emergency, after public hearing, modify or
adopt additional procedures or guidelines that the commission
determines to be necessary to better carry out the purposes of this
division.
(c) (1) The commission may require a reasonable filing fee and the
reimbursement of expenses for the processing by the commission of an
application for a coastal development permit under this division
and, except for local coastal program submittals, for any other
filing, including, but not limited to, a request for revocation,
categorical exclusion, or boundary adjustment, that is submitted for
review by the commission.
(2) Any A coastal
development permit fees fee that
are is collected by the commission
under paragraph (1) shall be deposited in the Coastal Act Services
Fund established pursuant to Section 30620.1. This paragraph does not
authorize an increase in fees or create any new authority on the
part of the commission.
(d) With respect to an appeal of an action taken by a local
government pursuant to Section 30602 or 30603, the executive director
shall, within five working days of receipt of an appeal from a
person other than a member of the commission or a public agency,
determine whether the appeal is patently frivolous. If the executive
director determines that an appeal is patently frivolous, the appeal
shall not be filed unless a filing fee in the amount of three hundred
dollars ($300) is deposited with the commission within five working
days of the receipt of the executive director's determination. If the
commission subsequently finds that the appeal raises a substantial
issue, the filing fee shall be refunded.
SEC. 146. Section 379.8 of the Public Utilities Code is amended to
read:
379.8. (a) As used in this section, "advanced electrical
distributed generation technology" means any electric
electrical distributed generation technology
that generates useful electricity and meets all of the following
conditions:
(1) The emissions standards adopted by the State Air Resources
Board pursuant to the distributed generation certification program
requirements of Article 3 (commencing with Section 94200) of
Subchapter 8 of Chapter 1 of Division 3 of Title 17 of the California
Code of Regulations.
(2) Produces de minimis emissions of sulfur oxides and nitrogen
oxides.
(3) Meets the greenhouse gases emission performance standard
established by the commission pursuant to Section 8341.
(4) Has a total electrical efficiency of not less than 45 percent.
If legislation is enacted that increases the 42.5 percent efficiency
described in subdivision (b) of Section 216.6 above 45 percent, the
commission may adjust the electrical efficiency standard described in
this paragraph to ensure that this electrical efficiency standard
meets or exceeds the standard enacted for the purposes of subdivision
(b) of Section 216.6.
(5) Is sized to meet the generator's onsite electrical demand.
(6) Has parallel operation to the electrical distribution grid.
(7) Utilizes renewable or nonrenewable fuel.
(b) (1) An advanced electrical distributed generation technology
shall qualify for the rate established by the commission pursuant to
Section 454.4.
(2) The limitation in subdivision (b) of Section 6352 upon the
assessment of surcharges for gas used to generate electricity by a
nonutility facility applies to an advanced electrical distributed
generation technology.
(3) The limitation in Section 2773.5 upon imposing alternative
fuel capability requirements upon gas customers that use gas for
purposes of cogeneration applies to an advanced electrical
distributed generation technology.
(c) The commission or State Air Resources Board may, in
furtherance of the state's goals for achieving cost-effective
reductions in emissions of greenhouse gases, meeting resource
adequacy requirements, or meeting the renewables portfolio standard,
treat advanced electrical distributed generation technology as
cogeneration.
(d) Subdivisions (b) and (c) do not apply to an advanced
electrical distributed generation technology that is first
operational at a site on and after January 1, 2016.
SEC. 147. Section 589 of the Public Utilities Code is amended to
read:
589. (a) In an existing or new proceeding, the commission shall
require the electrical and gas corporations to cooperate in
establishing a single Internet Web site available to the public that
provides up-to-date information, updated no less
frequent frequently than once every 30 days,
regarding ratepayer-funded energy efficiency assistance programs
that, to the extent the information is available, in an aggregate
format that would not provide identifying information about
individual customers of the electrical and gas corporations, include
all of the following:
(1) The types of energy efficiency measures installed.
(2) The ZIP Code location of each customer receiving
ratepayer-funded energy efficiency assistance.
(3) The amount of funds expended at each ZIP Code location.
(4) The expected annual energy savings and reduced energy usage
expected in kilowatthours or therms.
(b) (1) The commission shall order the electrical and gas
corporations to establish, based on data, ratepayer-funded energy
efficiency assistance program reports on program totals, geographical
and monthly statistics, cost distribution, and progress toward
program goals.
(2) The electrical and gas corporations shall make the reports
available on the Internet Web site established pursuant to
subdivision (a).
(c) The commission shall require the electrical and gas
corporations to publish data, including the amount expended, on the
ratepayer-funded energy efficiency programs that are not direct
retrofits, including, but not limited to, research on building and
appliance standards and marketing and outreach, on the Internet Web
site established pursuant to subdivision (a).
(d) The commission shall take necessary steps
necessary to ensure the Internet Web site established
pursuant to subdivision (a) is available to the public on or before
June 1, 2014.
(e) The commission shall have a link to the Internet Web site
established pursuant to subdivision (a) on the commission's Internet
Web site and require the electrical and gas corporations to have a
link to the Internet Web site established pursuant to subdivision (a)
on the appropriate page of the Internet Web site of each electrical
and gas corporation.
SEC. 148. Section 740.5 of the Public Utilities Code is amended to
read:
740.5. (a) For purposes of this section, "21st Century Energy
System Decision" means commission Decision 12-12-031 (December 20,
2012), Decision Granting Authority to Enter Into a Research and
Development Agreement with Lawrence Livermore National Laboratory for
21st Century Energy Systems and for costs up to $152.19 million, or
any subsequent decision in Application 11-07-008 (July 18, 2011),
Application of Pacific Gas and Electric Company (U39M), San Diego Gas
and Electric Company (U902E), and Southern California Edison Company
(U338E) for Authority to Increase Electric Rates and Charges to
Recover Costs of Research and Development Agreement with Lawrence
Livermore National Laboratory for 21st Century Energy Systems.
(b) In implementing the 21st Century Energy System Decision, the
commission shall not authorize recovery from ratepayers of any
expense for research and development projects that are not for
purposes of cyber security and grid integration. Total funding for
research and development projects for the purposes
of cyber security and grid integration pursuant to the 21st Century
Energy System Decision shall not exceed thirty-five million dollars
($35,000,000). All cyber security and grid integration research and
development projects shall be concluded by the fifth anniversary of
their start date.
(c) The commission shall not approve for recovery from
ratepayers, ratepayers those program management
expenditures proposed, commencing with page seven, in the joint
advice letter filed by the state's three largest electrical
corporations, Advice 3379-G/4215-E (Pacific Gas and Electric
Company), Advice 2887-E (Southern California Edison Company), and
Advice 2473-E (San Diego Gas and Electric Company), dated April 19,
2013. Project managers for the 21st Century Energy System Decision
shall be limited to three representatives, one
representative each from Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company.
(d) The commission shall require the Lawrence Livermore National
Laboratory, as a condition for entering into any contract pursuant to
the 21st Century Energy System Decision, and Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company to ensure that research parameters reflect a
new contribution to cyber security and that there not be a
duplication of research being done by other private and governmental
entities.
(e) (1) The commission shall require each participating electrical
corporation to prepare and submit to the commission by December 1,
2013, a joint report on the scope of all proposed research projects,
how the proposed project may lead to technological advancement and
potential breakthroughs in cyber security and grid integration, and
the expected timelines for concluding the projects. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision,
revision and , upon determining that
the report is sufficient , submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(2) The commission shall require each participating electrical
corporation to prepare and submit to the commission , by
60 days following the conclusion of all research and development
projects, a joint report summarizing the outcome of all funded
projects, including an accounting of expenditures by the project
managers and grant recipients on administrative and overhead costs
and whether the project resulted in any technological advancements or
breakthroughs in promoting cyber security and grid integration. The
commission shall, within 30 days of receiving the joint report,
determine whether the report is sufficient or requires
revision, revision and , upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(3) This subdivision shall become inoperable
inoperative on January 1, 2023, pursuant to Section
10231.5 of the Government Code.
SEC. 149. Section 741 of the Public Utilities Code, as added by
Section 2 of Chapter 140 of the Statutes of 2013, is amended to read:
741. (a) Every owner or operator of telephones available for
public use, other than a telephone corporation, that accept any form
of payment which, as part of the service furnished, provides
operator-assisted services by other than a telephone corporation
having tariff schedules on file with the commission providing for the
furnishing of operator-assisted services, shall cause to be posted
on or near the telephone equipment so as to be easily seen by
telephone customers all of the following information:
(1) The name of the provider of operator-assisted services and a
toll-free telephone number for contacting that provider.
(2) The applicable charges for each available operator-assisted
service.
(3) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.
(4) That surcharges may apply to operator-assisted and calling
card calls.
(5) That card-activated calls, calls activated by any other
payment device, or calls that may be charged to a card by giving a
card number to an operator may cost more than coin-activated calls.
(6) The local rates for nonoperator-assisted calls.
(b) Every owner or operator of telephones available for public
use, other than a telephone corporation, that accept any form of
payment which, as part of the service furnished, provides
operator-assisted services by other than a telephone corporation
having tariff schedules on file with the commission providing for the
furnishing of operator-assisted services , shall:
(1) Identify itself, audibly and distinctly, to the consumer at
the beginning of each telephone call and before the consumer incurs
any charge for the call.
(2) Permit the consumer to terminate the telephone call before the
call is connected.
(3) At no charge, disclose to the consumer, immediately after the
number to be called is entered or given to an operator, a quotation
of its complete rates and charges for the call.
(c) This section shall become operative on January 1, 2015.
SEC. 150. Section 747.6 of the Public Utilities Code is amended to
read:
747.6. The commission shall report annually on its
effort efforts to identify ratepayer-funded
energy efficiency programs that are similar to programs administered
by the Energy Commission, the State Air Resources Board, and the
California Alternative Energy and Advanced Transportation Financing
Authority in its annual report prepared pursuant to subdivision (b)
of Section 747 and to require revisions to ratepayer-funded
programs, programs as necessary,
necessary to ensure that the ratepayer-funded
programs complement and do not duplicate programs of other state
agencies.
SEC. 151. Section 769 of the Public Utilities Code is amended to
read:
769. (a) For purposes of this section, "distributed resources"
means distributed renewable generation resources, energy efficiency,
energy storage, electric vehicles, and demand response technologies.
(b) Not later than July 1, 2015, each electrical corporation shall
submit to the commission a distribution resources plan proposal to
identify optimal locations for the deployment of distributed
resources. Each proposal shall do all of the following:
(1) Evaluate locational benefits and costs of distributed
resources located on the distribution system. This evaluation shall
be based on reductions or increases in local generation capacity
needs, avoided or increased investments in distribution
infrastructure, safety benefits, reliability benefits, and any other
savings the distributed resources provides
provide to the electric electrical
grid or costs to ratepayers of the electrical corporation.
(2) Propose or identify standard tariffs, contracts, or other
mechanisms for the deployment of cost-effective distributed resources
that satisfy distribution planning objectives.
(3) Propose cost-effective methods of effectively coordinating
existing commission-approved programs, incentives, and tariffs to
maximize the locational benefits and minimize the incremental costs
of distributed resources.
(4) Identify any additional utility spending necessary to
integrate cost-effective distributed resources into distribution
planning consistent with the goal of yielding net benefits to
ratepayers.
(5) Identify barriers to the deployment of distributed resources,
including, but not limited to, safety standards related to technology
or operation of the distribution circuit in a manner that ensures
reliable service.
(c) The commission shall review each distribution resources plan
proposal submitted by an electrical corporation and approve, or
modify and approve, a distribution resources plan for the
corporation. The commission may modify any plan as appropriate to
minimize overall system costs and maximize ratepayer benefit from
investments in distributed resources.
(d) Any electrical corporation spending on distribution
infrastructure necessary to accomplish the distribution resources
plan shall be proposed and considered as part of the next general
rate case for the corporation. The commission may approve proposed
spending if it concludes that ratepayers would realize net benefits
and the associated costs are just and reasonable. The commission may
also adopt criteria, benchmarks, and accountability mechanisms to
evaluate the success of any investment authorized pursuant to a
distribution resources plan.
SEC. 152. Section 984.5 of the Public Utilities Code is amended to
read:
984.5. (a) The commission shall compile and regularly update the
following information: names and contact numbers of a registered core
transport agent, information to assist consumers in making service
choices, and the number of customer complaints against specific
providers in relation to the number of customers served by those
providers and the disposition of those complaints. To facilitate this
function, registered entities shall file with the commission
information describing the terms and conditions of any standard
service plan made available to core gas customers. The commission
shall adopt a standard format for this filing. The commission shall
maintain and make generally available a list of entities offering
core transport services operating in California. This list shall
include all registered core transport agents and those agents not
required to be registered that request the commission to be included
on the list. The commission shall, upon request, make this
information available at no charge. Notwithstanding any other law,
public agencies that are registered entities shall be required to
disclose their terms and conditions of service contracts only to the
same extent that other registered entities would be required to
disclose the same or similar service contracts.
(b) The commission shall issue public alerts about companies
attempting to provide core transport service in the state in an
unauthorized or fraudulent manner as defined
described in subdivision (b) of Section 983.5.
(c) The commission shall compile and post on its Internet Web site
easily understandable informational guides or other tools to help
core gas customers understand core transport service options. In
implementing these provisions, the commission shall pay special
attention to ensuring that customers, especially those with
limited-English-speaking ability or other disadvantages when dealing
with marketers, receive correct, reliable, and easily understood
information to help them make informed choices. The commission shall
not make specific recommendations, rank the relative attractiveness
of specific service offerings of registered providers of core
transport services, or provide customer-specific assistance in the
evaluation of core transport agents.
(d) The Division Office of Ratepayer
Advocates shall analyze customers' complaints submitted to the gas
corporation and to the commission and the disposition of those
complaints to determine if the changes in the consumer protection
rules are necessary to better protect the participants in the core
transportation program, and make recommendation
recommendations to the commission regarding those rule
changes.
SEC. 153. Section 987 of the Public Utilities Code is amended to
read:
987. (a) The commission shall maintain a list of core gas
customers who do not wish to be solicited by telephone, by a gas
corporation, marketer, broker, or aggregator for gas service, to
subscribe to or change their core transport agent. The commission
shall not assess a charge for inclusion of a customer on the list.
The list shall be updated periodically, but no less than quarterly.
(b) The list shall include sufficient information for gas
corporations, marketers, brokers, or aggregators of gas service to
identify customers who do not wish to be solicited, including a
customer's address and telephone number. The list shall be made
accessible electronically from the commission to any party regulated
as a gas corporation or registered at with
the commission as an electric marketer, broker, or aggregator
of gas service.
(c) A gas corporation, marketer, broker, or aggregator of gas
service shall not solicit, by telephone, any customer on the list
prepared pursuant to subdivision (a). Any gas corporation, marketer,
broker, or aggregator of gas service, or the representative of a gas
corporation, marketer, broker, or aggregator of gas service, who
solicits any customer on the list prepared pursuant to subdivision
(a) more than once shall be liable to the customer for twenty-five
dollars ($25) for each contact in violation of this subdivision.
SEC. 154. Section 2120 of the Public Utilities Code is amended to
read:
2120. (a) The commission shall not distribute, expend, or
encumber any moneys received by the commission as a result of any
commission proceeding or judicial action, including the compromise or
settlement of a claim, until both of the following are true:
(1) The commission has provided the Director of Finance with
written notification of the receipt of the moneys and the basis for
those moneys being received by the commission.
(2) The Director of Finance provides not less than 60 days'
written notice to the Chairperson of the Joint Legislative Budget
Committee and the chairs chairpersons
of the appropriate budget subcommittees of the Senate and Assembly of
the receipt of the moneys and the basis for those moneys being
received by the commission.
(b) This section does not apply to application or licensing fees
charged by the commission to defray regulatory expenses.
(c) This section does not apply to moneys received by the
commission in a court-approved settlement or as a result of a court
judgment where the court orders that the moneys be used for specified
purposes.
(d) This section does not apply to moneys received by the
commission where statutes expressly provide how the moneys are to be
paid or used, including all of the following:
(1) Payment to any fund created by Chapter 1.5 (commencing with
Section 270).
(2) Payment to any account or fund pursuant to Chapter 2.5
(commencing with Section 401).
(3) Payment to the Ratepayer Relief Fund pursuant to Article 9.5
(commencing with Section 16428.1) of Chapter 2 of Part 2 of Division
4 of Title 2 of the Government Code.
SEC. 155. Section 2827.10 of the Public Utilities Code is amended
to read:
2827.10. (a) As used in this section, the following terms have
the following meanings:
(1) "Electrical corporation" means an electrical corporation, as
defined in Section 218.
(2) "Eligible fuel cell electrical generating facility" means a
facility that includes the following:
(A) Integrated powerplant systems containing a stack, tubular
array, or other functionally similar configuration used to
electrochemically convert fuel to electric energy.
electricity.
(B) An inverter and fuel processing system where necessary.
(C) Other plant equipment, including heat recovery equipment,
necessary to support the plant's operation or its energy conversion.
(3) (A) "Eligible fuel cell customer-generator" means a customer
of an electrical corporation that meets all the following criteria:
(i) Uses a fuel cell electrical generating facility with a
capacity of not more than one megawatt that is located on or adjacent
to the customer's owned, leased, or rented premises, is
interconnected and operates in parallel with the electrical grid
while the grid is operational or in a grid independent mode when the
grid is nonoperational, and is sized to offset part or all of the
eligible fuel cell customer-generator's own electrical requirements.
(ii) Is the recipient of local, state, or federal funds, or who
self-finances projects designed to encourage the development of
eligible fuel cell electrical generating facilities.
(iii) Uses technology the commission has determined will achieve
reductions in emissions of greenhouse gases pursuant to subdivision
(b), and meets the emission requirements for eligibility for funding
set forth in subdivision (c), of Section 379.6.
(B) For purposes of this paragraph, a person or entity is a
customer of the electrical corporation if the customer is physically
located within the service territory of the electrical corporation
and receives bundled service, distribution service, or transmission
service from the electrical corporation.
(4) "Net energy metering" means measuring the difference between
the electricity supplied through the electrical grid and the
difference between the electricity generated by an eligible fuel cell
electrical generating facility and fed back to the electrical grid
over a 12-month period as described in subdivision (e). Net energy
metering shall be accomplished using a time-of-use meter capable of
registering the flow of electricity in two directions. If the
existing electrical meter of an eligible fuel cell customer-generator
is not capable of measuring the flow of electricity in two
directions, the eligible fuel cell customer-generator shall be
responsible for all expenses involved in purchasing and installing a
meter that is able to measure electricity flow in two directions. If
an additional meter or meters are installed, the net energy metering
calculation shall yield a result identical to that of a time-of-use
meter.
(b) (1) Every electrical corporation, not later than March 1,
2004, shall file with the commission a standard tariff providing for
net energy metering for eligible fuel cell customer-generators,
consistent with this section. Subject to the limitation in
subdivision (f), every electrical corporation shall make this tariff
available to eligible fuel cell customer-generators upon request, on
a first-come-first-served basis, until the total cumulative rated
generating capacity of the eligible fuel cell electrical generating
facilities receiving service pursuant to the tariff reaches a level
equal to its proportionate share of a statewide limitation of 500
megawatts cumulative rated generation capacity served under this
section. The proportionate share shall be calculated based on the
ratio of the electrical corporation's peak demand compared to the
total statewide peak demand.
(2) To continue the growth of the market for onsite
electric electrical generation using fuel cells,
the commission may review and incrementally raise the limitation
established in paragraph (1) on the total cumulative rated generating
capacity of the eligible fuel cell electrical generating facilities
receiving service pursuant to the tariff in paragraph (1).
(c) In determining the eligibility for the cumulative rated
generating capacity within an electrical corporation's service
territory, preference shall be given to facilities that, at the time
of installation, are located in a community with significant exposure
to air contaminants or localized air contaminants, or both,
including, but not limited to, communities of minority populations or
low-income populations, or both, based on the ambient air quality
standards established pursuant to Section 39607
Division 26 (commencing with Section 39000) of the Health
and Safety Code.
(d) (1) Each net energy metering contract or tariff shall be
identical, with respect to rate structure, all retail rate
components, and any monthly charges, to the contract or tariff to
which the customer would be assigned if the customer was not an
eligible fuel cell customer-generator. Any new or additional demand
charge, standby charge, customer charge, minimum monthly charge,
interconnection charge, or other charge that would increase an
eligible fuel cell customer-generator's costs beyond those of other
customers in the rate class to which the eligible fuel cell
customer-generator would otherwise be assigned are contrary to the
intent of the Legislature in enacting this section, and may
shall not form a part of net energy metering
tariffs.
(2) The commission shall authorize an electrical corporation to
charge a fuel cell customer-generator a fee based on the cost to the
utility associated with providing interconnection inspection services
for that fuel cell customer-generator.
(e) The net metering calculation shall be made by measuring the
difference between the electricity supplied to the eligible fuel cell
customer-generator and the electricity generated by the eligible
fuel cell customer-generator and fed back to the electrical grid over
a 12-month period. The following rules shall apply to the annualized
metering calculation:
(1) The eligible fuel cell customer-generator shall, at the end of
each 12-month period following the date of final interconnection of
the eligible fuel cell electrical generating facility with an
electrical corporation, and at each anniversary date thereafter, be
billed for electricity used during that period. The electrical
corporation shall determine if the eligible fuel cell
customer-generator was a net consumer or a net producer of
electricity during that period. For purposes of determining if the
eligible fuel cell customer-generator was a net consumer or a net
producer of electricity during that period, the electrical
corporation shall aggregate the electrical load of the meters located
on the property where the eligible fuel cell electrical
generation generating facility is located and on
all property adjacent or contiguous to the property on which the
facility is located, if those properties are solely owned, leased, or
rented by the eligible fuel cell customer-generator. Each aggregated
account shall be billed and measured according to a time-of-use rate
schedule.
(2) At the end of each 12-month period, where the electricity
supplied during the period by the electrical corporation exceeds the
electricity generated by the eligible fuel cell customer-generator
during that same period, the eligible fuel cell customer-generator is
a net electricity consumer and the electrical corporation shall be
owed compensation for the eligible fuel cell customer-generator's net
kilowatthour consumption over that same period. The compensation
owed for the eligible fuel cell customer-generator's consumption
shall be calculated as follows:
(A) The generation charges for any net monthly consumption of
electricity shall be calculated according to the terms of the tariff
to which the same customer would be assigned to or be eligible for if
the customer was not an eligible fuel cell customer-generator. When
the eligible fuel cell customer-generator is a net generator during
any discrete time-of-use period, the net kilowatthours produced shall
be valued at the same price per kilowatthour as the electrical
corporation would charge for retail kilowatthour sales for
generation, exclusive of any surcharges, during that same time-of-use
period. If the eligible fuel cell customer-generator's time-of-use
electrical meter is unable to measure the flow of electricity in two
directions, paragraph (4) of subdivision (a) shall apply. All other
charges, other than generation charges, shall be calculated in
accordance with the eligible fuel cell customer-generator's
applicable tariff and based on the total kilowatthours delivered by
the electrical corporation to the eligible fuel cell
customer-generator. To the extent that charges for transmission and
distribution services are recovered through demand charges in any
particular month, no standby reservation charges shall apply in that
monthly billing cycle.
(B) The net balance of moneys owed shall be paid in accordance
with the electrical corporation's normal billing cycle.
(3) At the end of each 12-month period, where the electricity
generated by the eligible fuel cell customer-generator during the
12-month period exceeds the electricity supplied by the electrical
corporation during that same period, the eligible fuel cell
customer-generator is a net electricity producer and the electrical
corporation shall retain any excess kilowatthours generated during
the prior 12-month period. The eligible fuel cell customer-generator
shall not be owed any compensation for those excess kilowatthours.
(4) If an eligible fuel cell customer-generator terminates service
with the electrical corporation, the electrical corporation shall
reconcile the eligible fuel cell customer-generator's consumption and
production of electricity during any 12-month period.
(f) No A fuel cell electrical
generating facility shall not be eligible for the tariff
unless it commences operation prior to January 1, 2017, unless a
later enacted statute, that is chaptered before January 1, 2017,
extends this eligibility commencement date. The tariff shall remain
in effect for an eligible fuel cell electrical generating facility
that commences operation pursuant to the tariff prior to January 1,
2017. A fuel cell customer-generator shall be eligible for the tariff
established pursuant to this section only for the operating life of
the eligible fuel cell electrical generating facility.
SEC. 156. Section 4661 of the Public Utilities Code is amended to
read:
4661. As used in this chapter, "for-hire vessel" includes any
vessel, by whatsoever power operated, carrying passengers for hire,
except a seaplane on the water, water
and vessels exempt from taxation under Section 4
3 of Article XIII of the California Constitution
of the State of California .
SEC. 157. Section 100602.4 of the Public Utilities Code is amended
to read:
100602.4. (a) Where any parcel in the benefit district is owned
in joint tenancy, tenancy in common, or any other multiple ownership,
the owners of that parcel may designate in writing which one of the
owners shall be deemed the owner of the parcel for purposes of
submitting an assessment ballot pursuant to Section 53753 of the
Government Code. In the absence of a designation, the provisions of
paragraph (1) (3) of subdivision (e) of
Section 53753 of the Government Code shall apply.
(b) The legal representative of a corporation or an estate owning
real property in the benefit district may act on behalf of the
corporation or the estate.
(c) (1) For purposes of this chapter, "legal representative" means
an official of a corporation owning real property in the benefit
district.
(2) For purposes of this chapter, "legal representative" also
means a guardian, conservator, executor, or administrator of the
estate of the holder of title to real property in the benefit
district who is all of the following:
(A) The person is appointed under the laws of this state.
(B) The person is entitled to the possession of the estate's real
property.
(C) The person is authorized by the appointing court to exercise
the particular right, privilege, or immunity which
that he or she seeks to exercise.
SEC. 158. Section 170056 of the Public Utilities Code is amended
to read:
170056. The port shall transfer all title and ownership of the
San Diego International Airport to the authority consistent with the
terms of the transfer under Section 170060 and shall include, but
need not be limited to, all of the following:
(a) All interest in real property and improvements, including, but
not limited to, all terminals, runways, taxiways, aprons, hangars,
Runway Protection Zones (RPZ), Airport Influence Areas (AIA)
, emergency vehicles or
facilities, parking facilities for passengers and employees, above
and below ground utility lines and connections, easements,
rights-of-way, other rights for the use of property necessary or
convenient to the use of airport properties, and buildings and
facilities used to operate, maintain, and manage the airport which is
consistent with the Airport Layout Plan (ALP) dated September 13,
2000, and identified as Drawing No. 724 on file with the clerk of the
port, subject to paragraphs (1), (2), and (3).
(1) The following real properties shall not be transferred and
shall remain under the ownership and control of the port:
(A) All property originally leased to General Dynamics Corporation
and identified in Document No. 12301 on file with the clerk of the
port.
(B) Property subleased by the port from TDY Industries, Inc., c/o
Allegheny Teledyne (formerly Teledyne Ryan Aeronautical) and
identified as Document No. 17600 on file with the clerk of the port.
(C) Property leased to Solar Turbines, Incorporated for parking
along Pacific Highway and identified as Document No. 39904 on file
with the clerk of the port (Parcel No. 016-026).
(D) Property leased to Solar Turbines, Incorporated, for parking
along Laurel Street and identified as Document No. 29239 on file with
the clerk of the port (Parcel No. 016-016 - Parcel 2).
(E) Property leased to Sky Chefs, Incorporated, located at 2450
Winship Lane and identified as Document No. 37740 on file with the
clerk of the port (Parcel No. 012-025).
(F) (i) Property located at Parcel No. 034-002 and identified as
Pond 20. The port shall retain ownership of Pond 20 and shall
reimburse the airport fund for the fair market value of that
property. The fair market value shall be determined by appraisal and
negotiation. If there is no agreement following that negotiation,
then the amount of payment shall be determined by arbitration.
(ii) On January 1, 2003, the port shall commence repayment to the
airport of the negotiated or arbitrated fair market value for the
property. The repayment schedule shall be a 10-year amortized payment
plan with interest based upon the rate of 1 percent above the
prevailing prime rate.
(2) The following additional real properties shall be transferred
from the port to the authority. authority:
(A) Property adjacent to Pond 20 located at Parcel Nos. 042-002
and 042-003 (this parcel encompasses approximately two or three
acres).
(B) Property acquired as Parcel No. 034-001 from Western Salt
Processing Plant and identified as Document No. 39222 from GGTW, LLC.
(3) The following nonairport, real properties that presently
provide airport-related services shall also be excluded from any land
transfer to the authority:
(A) Airport employee parking lot located at Harbor Island Drive
and Harbor Island Drive East identified as District Parcel No.
007-020.
(B) Airport taxi and shuttle overflow lot located at the southeast
corner of North Harbor Drive and Harbor Island Drive identified as
District Parcel No. 007-025.
(C) Property leased to National Car Rental System, Incorporated,
located east of the southeast corner of North Harbor Drive and Harbor
Island Drive identified at as District
Parcel No. 007-034.
(D) Property leased to The Hertz Corporation located east of the
southeast corner of North Harbor Drive and Harbor Island Drive
identified as District Parcel No. 007-035.
(E) Property leased to Avis Rent-A-Car Corporation located at the
southwest corner of North Harbor Drive and Rental Car Roadway
identified as District Parcel No. 007-036.
(F) Property leased to National Car Rental System, Incorporated,
located at the southeast corner of North Harbor Drive and Rental Car
Roadway identified as District Parcel No. 007-038.
(G) Property leased in common to National Car Rental System,
Incorporated; The Hertz Corporation; and Avis Rent-A-Car
Corporation, Corporation known as Joint-Use
Roadway identified as District Parcel No. 007-037.
(H) Property leased to Jimsair, Incorporated, located on the
property previously known as the General Dynamics Parcel, south of
Sassafras Street and west of Pacific Highway adjacent to the Airport
Operation Area identified as District Parcel No. 016-042.
(I) Property leased to Budget Rent A Car of San Diego located at
both the northeast and southwest corners of Palm Street and Pacific
Highway identified as District Parcel No. 016-001 (Parcel 1 and 2).
(J) Property leased to Budget Rent A Car of San Diego located east
of the northeast corner of Palm Street and Pacific Highway
identified as District Parcel No. 016-001 (Parcel 3).
(K) Property leased to Lichtenberger Equipment ,
Incorporated, located north of the northeast corner of Palm Street
and Pacific Highway identified as District Parcel No. 016-034.
(L) Property leased to Park and Ride, Incorporated, located at the
northeast corner of Sassafras and Pacific Highway identified as
District Parcel No. 016-038.
(M) Property leased to Ace Parking Management, Incorporated,
located north of the intersection of Sassafras Street and Pacific
Highway identified as District Parcel No. 016-040.
(N) Property leased to Federal Express Corporation located at the
west end of the extension of Washington Street identified as District
Parcel No. 015-008.
(b) All contracts with airport tenants, concessionaires,
leaseholders, and others, including, but not limited to, fees from
vehicle rental companies.
(c) All airport-related financial obligations secured by revenues
and fees generated from the operations of the airport, including, but
not limited to, bonded indebtedness associated with the airport. The
authority shall assume obligations issued or incurred by the port
for San Diego International Airport, including, but not limited to,
any long-term debt, grants, and grant assurances.
(d) All airport-related financial reserves, including, but not
limited to, sinking funds and other credits.
(e) All personal property, including, but not limited to,
emergency vehicles, office equipment, computers, records and files,
software required for financial management, personnel management, and
accounting and inventory systems, and any other personal property
owned by the port used to operate or maintain the airport.
(f) Notwithstanding any provision of this section, the port shall
agree to lease for a period of 66 years, commencing on January 1,
2003, to the authority parcels 1, 2, and 3 of the property originally
leased to General Dynamics (identified in Document No. 12301 on file
with the clerk of the port) consisting of approximately 89.75 acres
west of the Pacific Highway and including property leased to JimsAir
(identified as Parcel #016-042), property leased to Federal Express
Corporation (identified as Parcel #015-008) and the Park, Shuttle and
Fly lot operated by Five Star Parking under a management agreement
with the port (identified as Clerk Document No. 38334, dated March
29, 1999), subject to the following terms:
(1) The rent shall be paid monthly in arrears and the annual rent
shall be level based on the fair market value of the property as of
January 1, 2006, and a market rate of return on that date.
(2) The authority shall lease to the port at the same fair market
value per square foot a total of not to exceed 250 parking spaces in
reasonable proximity to the port's administrative building located at
3165 Pacific Highway with the authority having a right to relocate
or substitute substantially equivalent or better parking from time to
time. The parties shall first meet and confer to determine by
appraisal and negotiation, negotiation
the fair market value rent. If the authority and port do not reach
agreement within 60 days after commencement of meetings for that
purpose, either party may submit the matter to binding arbitration in
San Diego in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. In the event airport operations
cease to exist on the property leased to the authority pursuant to
this section, control of the property will revert to the port as
provided in Section 170060.
(3) All other terms of the ground lease shall be in accordance
with reasonable commercial practice in the San Diego area for
long-term real property ground leases.
SEC. 159. Section 62 of the Revenue and Taxation Code is amended
to read:
62. Change in ownership shall does
not include:
(a) (1) Any transfer between coowners that results in a change in
the method of holding title to the real property transferred without
changing the proportional interests of the coowners in that real
property, such as a partition of a tenancy in common.
(2) Any transfer between an individual or individuals and a legal
entity or between legal entities, such as a cotenancy to a
partnership, a partnership to a corporation, or a trust to a
cotenancy, that results solely in a change in the method of holding
title to the real property and in which proportional ownership
interests of the transferors and transferees, whether represented by
stock, partnership interest, or otherwise, in each and every piece of
real property transferred, remain the same after the transfer.
The provisions of this This paragraph
shall not apply to transfers also excluded from change in ownership
under the provisions of subdivision (b) of Section 64.
(b) Any transfer for the purpose of perfecting title to the
property.
(c) (1) The creation, assignment, termination, or reconveyance of
a security interest; or (2) the substitution of a trustee under a
security instrument.
(d) Any transfer by the trustor, or by the trustor's spouse or
registered domestic partner, or by both, into a trust for so
long as if (1) the transferor is the present
beneficiary of the trust, trust or (2)
the trust is revocable; or any transfer by a trustee of such
a trust described in either clause (1) or (2) back to the
trustor; or, any creation or termination of a trust in which the
trustor retains the reversion and in which the interest of others
does not exceed 12 years duration.
(e) Any transfer by an instrument whose terms reserve to the
transferor an estate for years or an estate for life. However, the
termination of such an estate for years or estate for life shall
constitute a change in ownership, except as provided in subdivision
(d) and in Section 63.
(f) The creation or transfer of a joint tenancy interest if the
transferor, after the creation or transfer, is one of the joint
tenants as provided in subdivision (b) of Section 65.
(g) Any transfer of a lessor's interest in taxable real property
subject to a lease with a remaining term (including renewal options)
of 35 years or more. For the purpose of this subdivision, for 1979-80
and each year thereafter, it shall be conclusively presumed that all
homes eligible for the homeowners' exemption, other than
manufactured homes located on rented or leased land and subject to
taxation pursuant to Part 13 (commencing with Section 5800) and
floating homes subject to taxation pursuant to Section 229, that are
on leased land have a renewal option of at least 35 years on the
lease of that land, whether or not in fact that
renewal option exists in any contract or agreement.
(h) Any purchase, redemption, or other transfer of the shares or
units of participation of a group trust, pooled fund, common trust
fund, or other collective investment fund established by a financial
institution.
(i) Any transfer of stock or membership certificate in a housing
cooperative that was financed under one mortgage, provided that
mortgage was insured under Section 213, 221(d)(3), 221(d)(4), or 236
of the National Housing Act, as amended, or that housing cooperative
was financed or assisted pursuant to Section 514, 515, or 516 of the
Housing Act of 1949 or Section 202 of the Housing Act of 1959, or the
housing cooperative was financed by a direct loan from the
California Housing Finance Agency, and provided that the regulatory
and occupancy agreements were approved by the governmental lender or
insurer, and provided that the transfer is to the housing cooperative
or to a person or family qualifying for purchase by reason of
limited income. Any subsequent transfer from the housing cooperative
to a person or family not eligible for state or federal assistance in
reduction of monthly carrying charges or interest reduction
assistance by reason of the income level of that person or family
shall constitute a change of ownership.
(j) Any transfer during the period March 1, 1975, to March 1,
1981, between coowners in any property that was held by them as
coowners for all or part of that period, and which was eligible for a
homeowner's exemption during the period of the coownership,
notwithstanding any other provision of this chapter. Any transferee
whose interest was revalued in contravention of the provisions of
this subdivision shall obtain a reversal of that revaluation with
respect to the 1980-81 assessment year and thereafter, upon
application to the county assessor of the county in which the
property is located filed on or before March 26, 1982. No
refunds Refunds shall not be made
under this subdivision for any assessment year prior to
before the 1980-81 fiscal year.
(k) Any transfer of property or an interest therein between a
corporation sole, a religious corporation, a public benefit
corporation, and a holding corporation , as defined in
Section 23701h , holding title for the benefit of any of
these corporations, or any combination thereof (including any
transfer from one entity to the same type of entity), provided that
both the transferee and transferor are regulated by laws, rules,
regulations, or canons of the same religious denomination.
( l ) Any transfer, transfer
that would otherwise be a transfer subject to reappraisal under
this chapter, between or among the same parties for the purpose of
correcting or reforming a deed to express the true intentions of the
parties, provided that the original relationship between the grantor
and grantee is not changed.
(m) Any intrafamily transfer of an eligible dwelling unit from a
parent or parents or legal guardian or guardians to a minor child or
children or between or among minor siblings as a result of a court
order or judicial decree due to the death of the parent or parents.
As used in this subdivision, "eligible dwelling unit" means the
dwelling unit that was the principal place of residence of the minor
child or children prior to the transfer and remains the principal
place of residence of the minor child or children after the transfer.
(n) Any transfer of an eligible dwelling unit, whether by will,
devise, or inheritance, from a parent or parents to a child or
children, or from a guardian or guardians to a ward or wards, if the
child, children, ward, or wards have been disabled, as provided in
subdivision (e) (d) of Section 12304 of
the Welfare and Institutions Code, for at least five years preceding
the transfer and if the child, children, ward, or wards have
adjusted gross income that, when combined with the adjusted gross
income of a spouse or spouses, parent or parents, and child or
children, does not exceed twenty thousand dollars ($20,000) in the
year in which the transfer occurs. As used in this subdivision,
"child" or "ward" includes a minor or an adult. As used in this
subdivision, "eligible dwelling unit" means the dwelling unit that
was the principal place of residence of the child or children, or
ward or wards for at least five years preceding the transfer and
remains the principal place of residence of the child or children, or
ward or wards after the transfer. Any transferee whose property was
reassessed in contravention of the provisions of this subdivision for
the 1984-85 assessment year shall obtain a reversal of that
reassessment upon application to the county assessor of the county in
which the property is located. Application by the transferee shall
be made to the assessor no later than 30 days after the later of
either the transferee's receipt of notice of reassessment pursuant to
Section 75.31 or the end of the 1984-85 fiscal year.
(o) Any transfer of a possessory interest in tax-exempt real
property subject to a sublease with a remaining term, including
renewal options, that exceeds half the length of the remaining term
of the leasehold, including renewal options.
(p) (1) Commencing on January 1, 2000, any transfer between
registered domestic partners, as defined in Section 297 of the Family
Code, including, but not limited to:
(A) Transfers to a trustee for the beneficial use of a registered
domestic partner, or the surviving registered domestic partner of a
deceased transferor, or by a trustee of such a trust to the
registered domestic partner of the trustor.
(B) Transfers that take effect upon the death of a registered
domestic partner.
(C) Transfers to a registered domestic partner or former
registered domestic partner in connection with a property settlement
agreement or decree of dissolution of a registered domestic
partnership or legal separation.
(D) The creation, transfer, or termination, solely between
registered domestic partners, of any coowner's interest.
(E) The distribution of a legal entity's property to a registered
domestic partner or former registered domestic partner in exchange
for the interest of the registered domestic partner in the legal
entity in connection with a property settlement agreement or a decree
of dissolution of a registered domestic partnership or legal
separation.
(2) Any transferee whose property was reassessed in contravention
of the provisions of this subdivision for a transfer occurring
between January 1, 2000, and January 1, 2006, shall obtain a reversal
of that reassessment upon application to the county assessor of the
county in which the property is located. Application by the
transferee shall be made to the assessor no later than June 30, 2009.
A county may charge a fee for its costs related to the application
and reassessment reversal in an amount that does not exceed the
actual costs incurred. This paragraph shall be liberally construed to
provide the benefits of this subdivision and Article XIII A of the
California Constitution to registered domestic partners.
(A) After consultation with the California Assessors' Association,
the State Board of Equalization shall prescribe the form for
claiming the reassessment reversal described in paragraph (2). The
claim form shall be entitled "Claim for Reassessment Reversal for
Registered Domestic Partners." The claim shall state on its face that
a "certificate of registered domestic partnership" is available upon
request from the California Secretary of State.
(B) The information on the claim shall include a description of
the property, the parties to the transfer of interest in the
property, the date of the transfer of interest in the property, and a
statement that the transferee registered domestic partner and the
transferor registered domestic partner were, on the date of transfer,
in a registered domestic partnership as defined in Section 297 of
the Family Code.
(C) The claimant shall declare that the information provided on
the form is true, correct, and complete to the best of his or her
knowledge and belief.
(D) The claimant shall provide with the completed claim the
"Certificate of Registered Domestic Partnership," or photocopy
thereof, naming the transferee and transferor as registered domestic
partners and reflecting the creation of the registered domestic
partnership on a date prior to, or concurrent with, the date of the
transfer for which a reassessment reversal is requested.
(E) Any reassessment reversal granted pursuant to a claim shall
apply commencing with the lien date of the assessment year, as
defined in Section 118, in which the claim is filed. No
refunds Refunds shall not be made
under this paragraph for any prior assessment year.
(F) Under any reassessment reversal granted pursuant to that
claim, the adjusted full cash value of the subject real property in
the assessment year described in subparagraph (E) shall be the
adjusted base year value of the subject real property in the
assessment year in which the excluded purchase or transfer took
place, factored to the assessment year described in subparagraph (E)
for both of the following:
(i) Inflation as annually determined in accordance with paragraph
(1) of subdivision (a) of Section 51.
(ii) Any subsequent new construction occurring with respect to the
subject real property.
SEC. 160. Section 2615.6 of the Revenue and Taxation Code is
amended to read:
2615.6. (a) When the county sends to any person a tax bill, it
shall be accompanied by a notice regarding property tax assistance
and postponement for senior citizens under the
Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance
Law (Chapter 1 (commencing with Section 20501) of Part 10.5 of
Division 2) and the Senior Citizens and Disa
bled Citizens Property Tax Postponement Law (Chapter 2
(commencing with Section 20581) of Part 10.5 of Division 2) .
The text of this notice shall be prepared by the Franchise Tax Board.
(b) Subdivision (a) is inoperative for any lien date for which
funding for the Gonsalves-Deukmejian-Petris Senior Citizens Property
Tax Assistance Law (Chapter 1 (commencing with Section 20501) of Part
10.5 of Division 2), and for the Senior Citizens and Disabled
Citizens Property Tax Postponement Law (Chapter 2 (commencing with
Section 20581) of Part 10.5 of Division 2), is not provided by state
law. If subdivision (a) has become inoperative under this
subdivision, subdivision (a) shall become operative again commencing
with the first lien date for which funding for these laws is provided
by state law.
SEC. 161. Section 17053.57 of the Revenue and Taxation Code is
amended to read:
17053.57. (a) For each taxable year beginning on or after January
1, 1997, and before January 1, 2017, there shall be allowed as a
credit against the amount of "net tax," as defined in Section 17039,
an amount equal to 20 percent of the amount of each qualified
investment made by a taxpayer during the taxable year into a
community development financial institution that is certified by the
Department of Insurance, California Organized Investment Network, or
any successor thereof.
(b) (1) Notwithstanding any other provision of this part, a credit
shall not be allowed under this section unless the California
Organized Investment Network, or its successor within the Department
of Insurance, certifies that the investment described in subdivision
(a) qualifies for the credit under this section and certifies the
total amount of the credit allocated to the taxpayer pursuant to this
section.
(2) A credit shall not be allowed by this section unless the
applicant and the taxpayer provide satisfactory substantiation to,
and in the form and manner requested by, the Department of Insurance,
California Organized Investment Network, or any successor thereof,
that the investment is a qualified investment, as defined in
paragraph (1) of subdivision (g).
(3) (A) The aggregate amount of qualified investments made by all
taxpayers pursuant to this section, Section 12209, and Section 23657
shall not exceed fifty million dollars ($50,000,000) for each
calendar year. However, if the aggregate amount of qualified
investments made in any calendar year is less than fifty million
dollars ($50,000,000), the difference may be carried over to the next
year, and any succeeding year during which this section remains in
effect, and added to the aggregate amount authorized for those years.
(B) The total amount of qualified investments certified by the
California Organized Investment Network in any calendar year to any
one community development financial institution together with its
affiliates, as defined in Section 1215 of the Insurance Code, shall
not exceed 30 percent of the annual aggregate amount of qualified
investments certified by the California Organized Investment Network.
If, after October 1, the California Organized Investment Network has
determined that the availability of tax credits exceed their demand,
then a community development financial institution that has been
allocated 30 percent of the annual aggregate amount of qualified
investments shall become eligible to apply to be certified for any
remaining tax credits in that calendar year.
(C) Each year, 10 percent of the annual aggregate amount of
qualified investments shall be reserved for investment amounts of
less than or equal to two hundred thousand dollars ($200,000). If,
after October 1, there remains an unallocated portion of the amount
reserved for investments of less than or equal to two hundred
thousand dollars ($200,000), then qualified investments in excess of
two hundred thousand dollars ($200,000) may be eligible for that
remaining unallocated portion.
(4) Priority among housing applications shall be given to
applications that support affordable rental housing, housing for
veterans, mortgages for community-based residential programs, and
self-help housing ahead of single-family owned housing.
(c) The community development financial institution shall do all
of the following:
(1) Apply to the Department of Insurance, California Organized
Investment Network, or its successor, for certification of its status
as a community development financial institution.
(2) (A) Apply to the Department of Insurance, California Organized
Investment Network, or its successor, on behalf of the taxpayer, for
certification of the amount of the investment and the credit amount
allocated to the taxpayer, obtain the certification, and retain a
copy of the certification.
(B) Provide in the application a detailed description of the
intended use of the investment funds including, but not limited to,
the following:
(i) All of the programs, projects, and services that would be
funded.
(ii) The percentage of the intended use of the investment funds
that would directly benefit low-to-moderate income households.
(iii) The percentage of the intended use of the investment funds
that would directly benefit rural areas.
(iv) The percentage of the intended use of the investment funds
that is a green investment as defined in Section 926.1 of the
Insurance Code.
(3) (A) Provide in the application required in paragraph (2) the
following information to the Department of Insurance, California
Organized Investment Network, or its successor:
(i) Name of the taxpayer.
(ii) Postal address of the taxpayer, or residential address of the
taxpayer if the taxpayer is an individual.
(iii) Phone number of the taxpayer.
(iv) Email address of the taxpayer.
(v) The taxpayer's identification number, or in the case of a
partnership, the taxpayer identification numbers of all the partners
for tax administration purposes.
(B) The information provided in subparagraph (A) shall be used
only for internal purposes by the Department of Insurance, California
Organized Investment Network, or its successor, and any
Network, network or its successor shall limit
all public disclosure of that information shall be limited
to the name of the taxpayer only.
(4) Provide an annual listing to the Franchise Tax Board, in the
form and manner agreed upon by the Franchise Tax Board and the
Department of Insurance, California Organized Investment Network, or
its successor, of the names and taxpayer identification numbers of
any taxpayer who makes any withdrawal or partial withdrawal of a
qualified investment before the expiration of 60 months from the date
of the qualified investment.
(5) Submit reports to the department,
Department of Insurance, California Organized Investment
Network, or any successor thereof, as required pursuant to
subdivision (a) of Section 12939.1 of the Insurance Code.
(d) (1) The Insurance Commissioner may develop instructions,
procedures, and standards for applications, and for administering the
criteria for the evaluation of applications under this section. The
Insurance Commissioner may, from time to time, adopt, amend, or
repeal regulations to implement the provisions of this section.
(2) The initial adoption of the regulations implementing this
section shall be deemed to be an emergency and necessary in order to
address a situation calling for immediate action to avoid serious
harm to the public peace, health, safety, or general welfare.
(3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulation adopted or amended by the Insurance Commissioner
pursuant to this section shall remain in effect until amended or
repealed by the department.
(e) The California Organized Investment Network may certify
investments for the credit allowed by this section on or before
January 1, 2017, but not after that date.
(f) The Department of Insurance, California Organized Investment
Network, or any successor thereof, shall do all of the following:
(1) Accept and evaluate applications for certification from
financial institutions and issue certificates that the applicant is a
community development financial institution qualified to receive
qualified investments. To receive a certificate, an applicant shall
satisfy the Department of Insurance, California Organized Investment
Network, or any successor thereof, that it meets the specific
requirements to be a community development financial institution for
this state program as defined in paragraph (2) of subdivision (g).
The certificate may be issued for a specified period of time, and may
include reasonable conditions to effectuate the intent of this
section. The Insurance Commissioner may suspend or revoke a
certification, after affording the institution notice and the
opportunity to be heard, if the commissioner finds that an
institution no longer meets the requirement for certification.
(2) Accept and evaluate applications for certification from
any a community development financial
institution on behalf of the taxpayer and issue certificates to
taxpayers in an aggregate amount that shall not exceed the limit
specified in subdivision (b), with highest priority granted to those
applications where the intended use of the investments has the
greatest aggregate benefit for low-to-moderate income areas or
households or rural areas or households. The certificate shall
include the amount eligible to be made as an investment that
qualifies for the credit and the total amount of the credit to which
the taxpayer is entitled for the taxable year. Applications for tax
credits shall be accepted and evaluated throughout the year. The
Insurance Commissioner shall establish tax credit issuance cycles
throughout the year as necessary in order to issue tax credit
certificates to those applications granted the highest priority.
(3) Provide an annual listing to the Franchise Tax Board, in the
form or manner agreed upon by the Franchise Tax Board and the
Department of Insurance, California Organized Investment Network, or
its successor, of the taxpayers who were issued certificates, their
respective tax identification numbers, the amount of the qualified
investment made by each taxpayer, and the total amount of qualified
investments.
(4) Include information specified pursuant to subdivision (b) of
Section 12939.1 of the Insurance Code in the report required by
Section 12922 of the Insurance Code.
(g) For purposes of this section:
(1) "Qualified investment" means an investment that is a deposit
or loan that does not earn interest, or an equity investment, or an
equity-like debt instrument that conforms to the specifications for
these instruments as prescribed by the United States Department of
the Treasury, Community Development Financial Institutions Fund, or
its successor, or, in the absence of that prescription, as defined by
the Insurance Commissioner. The investment must be equal to or
greater than fifty thousand dollars ($50,000) and made for a minimum
duration of 60 months. During that 60-month period, the community
development financial institution shall have full use and control of
the proceeds of the entire amount of the investment as well as any
earnings on the investment for its community development purposes.
The entire amount of the investment shall be received by the
community development financial institution before the application
for the tax credit is submitted. The community development financial
institution shall use the proceeds of the investment for a purpose
that is consistent with its community development mission and for the
benefit of economically disadvantaged communities and low-income
people in California.
(2) "Community development financial institution" means a private
financial institution located in this state that is certified by the
Department of Insurance, California Organized Investment Network, or
its successor, that, consistent with the legislative findings,
declarations, and intent set forth in Section 12939 of the Insurance
Code, has community development as its primary mission, and that
lends in urban, rural, or reservation-based communities in this
state. A community development financial institution may include a
community development bank, a community development loan fund, a
community development credit union, a microenterprise fund, a
community development corporation-based lender, or a community
development venture fund.
(h) (1) If a qualified investment is withdrawn before the end of
the 60th month and not reinvested in another community development
financial institution within 60 days, there shall be added to the
"net tax," as defined in Section 17039, for the taxable year in which
the withdrawal occurs, the entire amount of any credit previously
allowed under this section.
(2) If a qualified investment is reduced before the end of the
60th month, but not below fifty thousand dollars ($50,000), there
shall be added to the "net tax," as defined in Section 17039, for the
taxable year in which the reduction occurs, an amount equal to 20
percent of the total reduction for the taxable year.
(i) 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"
for the next four taxable years, or until the credit has been
exhausted, whichever occurs first.
(j) The Franchise Tax Board shall, as requested by the Department
of Insurance, California Organized Investment Network, or its
successor, advise and assist in the administration of this section.
(k) On or before June 30, 2016, the Legislative Analyst's Office
shall submit a report to the Legislature, in compliance with Section
9795 of the Government Code, on the effects of the tax credits
allowed under this section, Section 12209, and Section 23657, with a
focus on employment in low-to-moderate income and rural areas, and on
the benefits of these tax credits to low-to-moderate income and
rural persons.
( l ) This section shall remain in effect only until
December 1, 2017, and as of that date is repealed.
SEC. 162. Section 18796 of the Revenue and Taxation Code is
amended to read:
18796. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Breast Cancer Research
Fund appears on a 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 University of California
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 the 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
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar 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 1997 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
(c) Except as provided in subdivision (d), each calendar year,
beginning with calendar year 1998, the Franchise Tax Board shall
adjust, on or before September 1 of that calendar year, the minimum
contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in 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 that are received on or before August
1 of the calendar year pursuant to paragraph (1) of subdivision (h)
of Section 17041.
(d) For calendar years 2014 and 2015 , the minimum
contribution shall be equal to the minimum contribution amount for
the 2013 calendar year. This amount shall be adjusted pursuant to
subdivision (c) beginning with the 2016 calendar year.
(e) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to
before its repeal shall continue to be
transferred and disbursed in accordance with this article as in
effect immediately prior to before that
repeal.
SEC. 163. Section 19136 of the Revenue and Taxation Code is
amended to read:
19136. (a) Section 6654 of the Internal Revenue Code, relating to
failure by an individual to pay estimated income tax, shall apply,
except as otherwise provided.
(b) Section 6654(a)(1) of the Internal Revenue Code is modified to
refer to the rate determined under Section 19521 in lieu of Section
6621 of the Internal Revenue Code.
(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating
to exceptions where the tax is a small amount, does not apply.
(2) No addition to the tax shall be imposed under this section if
the tax imposed under Section 17041 or 17048 and the tax imposed
under Section 17062 for the preceding taxable year, minus the sum of
any credits against the tax provided by Part 10 (commencing with
Section 17001) or this part, or the tax computed under Section 17041
or 17048 upon the estimated income for the taxable year, minus the
sum of any credits against the tax provided by Part 10 (commencing
with Section 17001) or this part, is less than five hundred dollars
($500), except in the case of a separate return filed by a married
person the amount shall be less than two hundred fifty dollars
($250).
(d) Section 6654(f) of the Internal Revenue Code does not apply
and for purposes of this section the term "tax" means the tax imposed
under Section 17041 or 17048 and the tax imposed under Section 17062
less any credits against the tax provided by Part 10 (commencing
with Section 17001) or this part, other than the credit provided by
subdivision (a) of Section 19002.
(e) (1) The credit for tax withheld on wages, as specified in
Section 6654(g) of the Internal Revenue Code, shall be
is the credit allowed under subdivision (a) of
Section 19002.
(2) (A) Section 6654(g)(1) of the Internal Revenue Code is
modified by substituting the phrase "the applicable percentage" for
the phrase "an equal part."
(B) For purposes of this paragraph, "applicable percentage" means
the percentage amount prescribed under Section 6654(d)(1)(A) of the
Internal Revenue Code, as modified by subdivision (a) of Section
19136.1.
(f) This section shall apply applies
to a nonresident individual.
(g) (1) No addition to tax shall be imposed under this section to
the extent that the underpayment was created or increased by any
provision of law that is chaptered during and
operative for the taxable year of the underpayment.
(2) Notwithstanding Section 18415, this section applies to
penalties imposed under this section on and after January 1, 2005.
(h) The amendments made to this section by Section 5 of Chapter
305 of the Statutes of 2008 shall apply to taxable
years beginning on or after January 1, 2009.
(i) The amendments made to this section by the act adding this
subdivision shall apply to amounts withheld on
wages beginning on or after January 1, 2009.
SEC. 164. Section 19164 of the Revenue and Taxation Code is
amended to read:
19164. (a) (1) (A) An accuracy-related penalty shall be imposed
under this part and shall be determined in accordance with Section
6662 of the Internal Revenue Code, relating to imposition of
accuracy-related penalty on underpayments, as amended by Section 1409
(b) of the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), except as otherwise provided.
(B) (i) Except for understatements relating to reportable
transactions to which Section 19164.5 applies, in the case of any
proposed deficiency assessment issued after the last date of the
amnesty period specified in Chapter 9.1 (commencing with Section
19730) for any taxable year beginning prior to January 1, 2003, the
penalty specified in Section 6662(a) of the Internal Revenue Code
shall be computed by substituting "40 percent" for "20 percent."
(ii) Clause (i) shall not apply to any taxable year of a taxpayer
beginning prior to January 1, 2003, if, as of the start date of the
amnesty program period specified in Section 19731, the taxpayer is
then under audit by the Franchise Tax Board, or the taxpayer has
filed a protest under Section 19041, or the taxpayer has filed an
appeal under Section 19045, or the taxpayer is engaged in settlement
negotiations under Section 19442, or the taxpayer has a pending
judicial proceeding in any court of this state or in any federal
court relating to the tax liability of the taxpayer for that taxable
year.
(2) With respect to corporations, this subdivision shall
apply applies to all of the following:
(A) All taxable years beginning on or after January 1, 1990.
(B) Any other taxable year for which an assessment is made after
July 16, 1991.
(C) For purposes of this section, references in Section 6662(e) of
the Internal Revenue Code and the regulations thereunder, relating
to treatment of an affiliated group that files a consolidated federal
return, are modified to apply to those entities required to be
included in a combined report under Section 25101 or 25110. For these
purposes, entities included in a combined report pursuant to
paragraph (4) or (6) of subdivision (a) of Section 25110 shall be
considered only to the extent required to be included in the combined
report.
(3) Section 6662(d)(1)(B) of the Internal Revenue Code is modified
to provide that in the case of a corporation, other than an "S"
corporation, there is a substantial understatement of tax for any
taxable year if the amount of the understatement for the taxable year
exceeds the lesser of:
(A) Ten percent of the tax required to be shown on the return for
the taxable year (or, if greater, two thousand five hundred dollars
($2,500)).
(B) Five million dollars ($5,000,000).
(4) Section 6662(d)(2)(A) of the Internal Revenue Code is modified
to additionally provide that the excess determined under Section
6662(d)(2)(A) of the Internal Revenue Code shall be determined
without regard to items to which Section 19164.5 applies and without
regard to items with respect to which a penalty is imposed by Section
19774.
(5) The provisions of Sections 6662(e)(1) and 6662(h)(2) of the
Internal Revenue Code shall apply to returns filed on or after
January 1, 2010.
(b) For purposes of Section 6662(d) of the Internal Revenue Code,
Section 6664 of the Internal Revenue Code, Section 6694(a)(1) of the
Internal Revenue Code, and this part, the Franchise Tax Board may
prescribe a list of positions for which the Franchise Tax Board
believes there is not substantial authority or there is no reasonable
belief that the tax treatment is more likely than not the proper tax
treatment. That list (and any revisions thereof) shall be published
through the use of Franchise Tax Board Notices or other published
positions. In addition, the "listed transactions" identified and
published pursuant to the preceding sentence shall be published on
the Internet Web site of the Franchise Tax Board.
(c) A fraud penalty shall be imposed under this part and shall be
determined in accordance with Section 6663 of the Internal Revenue
Code, relating to imposition of fraud penalty, except as otherwise
provided.
(d) (1) Section 6664 of the Internal Revenue Code, relating to
definitions and special rules, shall apply,
applies, except as otherwise provided.
(2) Section 6664(c)(3) 6664(c)(2) of
the Internal Revenue Code shall apply
applies to returns filed on or after January 1, 2010.
(3) Section 6664(c)(4) 6664(c)(3) of
the Internal Revenue Code shall apply
applies to appraisals prepared with respect to returns or
submissions filed on or after January 1, 2010.
(e) Except for purposes of subdivision (e) of Section 19774,
Section 6662(b)(6) of the Internal Revenue Code shall
does not apply.
(f) Except for purposes of subdivision (e) of Section 19774,
Section 6662(i) of the Internal Revenue Code, relating to increase in
penalty in case of nondisclosed noneconomic substance transactions,
shall does not apply.
(g) Section 6665 of the Internal Revenue Code, relating to
applicable rules, shall apply, except as otherwise provided.
(h) The amendments made to this section by the act adding this
subdivision shall apply to notices mailed on or
after January 1, 2012.
SEC. 165. Section 19555 of the Revenue and Taxation Code is
amended to read:
19555. (a) Notwithstanding any other provision of
law, the State Department of Social Services and the
State Department of Health Services
Department of Health Care Services shall inform the Franchise
Tax Board of the names and social security numbers of applicants for
, or recipients of , public social services
programs under Division 9 (commencing with Section 10000) of the
Welfare and Institutions Code.
(b) The Franchise Tax Board, upon receipt of this information, may
inform the departments of any such applicant or recipient who
received unearned income within the most recent available tax year,
as reflected on magnetic tape information returns supplied to the
Franchise Tax Board by payers, or on the magnetic tape prepared by
the Franchise Tax Board which reflects paper information returns
supplied to the Franchise Tax Board by payers. In addition, the
Franchise Tax Board may provide, from those sources, the departments
with the payee's name, social security number, and address; the payer'
s name and federal employer identification number, including branch
code numbers, if applicable, and address; the dollar amount and type
of unearned income; and any identifying account numbers.
(c) The Franchise Tax Board shall return all information received
from the departments after completing the exchange of information.
(d) This section shall be implemented only to the extent it is
funded in the annual Budget Act.
SEC. 166. Section 20125 of the Revenue and Taxation Code is
amended and renumbered to read:
20125. 21025. 21025.]
If any a
payment is received on or after January 1, 1998, by the board from
any a taxpayer and the board cannot
associate the payment with the taxpayer, the board shall make
reasonable efforts to notify the taxpayer of the inability within 60
days after the receipt of the payment.
SEC. 167. Section 1653.5 of the Vehicle Code, as added by Section
4 of Chapter 524 of the Statutes of 2013, is amended to read:
1653.5. (a) Each form prescribed by the department for use by an
applicant for the issuance or renewal by the department of a driver's
license or identification card pursuant to Division 6 (commencing
with Section 12500) shall contain a section for the applicant's
social security account number.
(b) Each form prescribed by the department for use by an applicant
for the issuance, renewal, or transfer of the registration or
certificate of title to a vehicle shall contain a section for the
applicant's driver's license or identification card number.
(c) Except as provided in Section 12801, a person who submits to
the department a form that, pursuant to subdivision (a), contains a
section for the applicant's social security account number, or
pursuant to subdivision (b), the applicant's driver's license or
identification card number, if any, shall furnish the appropriate
number in the space provided.
(d) Except as provided in Section 12801, the department shall not
complete an application that does not include the applicant's social
security account number or driver's license or identification card
number as required under subdivision (c).
(e) An applicant's social security account number shall not be
included by the department on a driver's license, identification
card, registration, certificate of title, or any other document
issued by the department.
(f) Notwithstanding any other law, information regarding an
applicant's social security account number, obtained by the
department pursuant to this section, is not a public record and shall
not be disclosed by the department except for any of the following
purposes:
(1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
(Aid to Families with Dependent Children),
(Block Grants to States for Temporary Assistance for Needy Families),
or Part D (Child Support and Establishment of Paternity), of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(2) Implementation of Section 12419.10 of the Government Code.
(3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.
(g) This section shall become operative on January 1, 2015, or on
the date that the director executes a declaration pursuant to Section
12801.11, whichever is sooner.
(h) This section shall become inoperative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 168. Section 1653.5 of the Vehicle Code, as added by Section
5 of Chapter 524 of the Statutes of 2013, is amended to read:
1653.5. (a) Each form prescribed by the department for use by an
applicant for the issuance or renewal by the department of a driver's
license or identification card pursuant to Division 6 (commencing
with Section 12500) shall contain a section for the applicant's
social security account number.
(b) Each form prescribed by the department for use by an applicant
for the issuance, renewal, or transfer of the registration or
certificate of title to a vehicle shall contain a section for the
applicant's driver's license or identification card number.
(c) A person who submits to the department a form that, pursuant
to subdivision (a), contains a section for the applicant's social
security account number, or pursuant to subdivision (b), the
applicant's driver's license or identification card number, if any,
shall furnish the appropriate number in the space provided.
(d) The department shall not complete an application that does not
include the applicant's social security account number or driver's
license or identification card number as required under subdivision
(c).
(e) An applicant's social security account number shall not be
included by the department on a driver's license, identification
card, registration, certificate of title, or any other document
issued by the department.
(f) Notwithstanding any other law, information regarding an
applicant's social security account number, obtained by the
department pursuant to this section, is not a public record and
may shall not be disclosed by the
department except for any of the following purposes:
(1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
(Aid to Families with Dependent Children),
(Block Grants to States for
Temporary Assistance for Needy Families), or Part D (Child
Support and Establishment of Paternity), of Subchapter IV of Chapter
7 of Title 42 of the United States Code.
(2) Implementation of Section 12419.10 of the Government Code.
(3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.
(g) This section shall become operative on the effective date of a
final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 169. Section 2810.2 of the Vehicle Code is amended to read:
2810.2. (a) (1) A peace officer, as described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may stop any a vehicle transporting
agricultural irrigation supplies that are in plain view to inspect
the bills of lading, shipping, or delivery papers, or other evidence
to determine whether the driver is in legal possession of the load,
if the vehicle is on a rock road or unpaved road that is located in a
county that has elected to implement this section and the road is
located as follows:
(A) Located under the management of the Department of Parks and
Recreation, the Department of Fish and Wildlife, the Department of
Forestry and Fire Protection, the State Lands Commission, a regional
park district, the United States Forest Service, or the federal
Bureau of Land Management.
(B) Located within the respective ownership of a timberland
production zone, as defined in Chapter 6.7 (commencing with Section
51100) of Part 1 of Division 1 of Title 5 of the
Government Code, either that is larger than 50,000 acres or for which
the owner of more than 2,500 acres has given express written
permission for a vehicle to be stopped within that zone pursuant to
this section.
(2) Upon reasonable belief that the driver of the vehicle is not
in legal possession, the law enforcement officer specified in
paragraph (1) shall take custody of the vehicle and load and turn
them over to the custody of the sheriff of the county that has
elected to implement this section where the agricultural irrigation
supplies are apprehended.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended agricultural irrigation supplies that
were in plain view within the boundaries of public lands under the
management of the entities listed in subparagraph (A) of paragraph
(1) of subdivision (a) or on a timberland production zone as
specified in subparagraph (B) of paragraph (1) of subdivision (a),
and immediately, in cooperation with the department, proceed with an
investigation and its legal disposition.
(c) Any An expense
incurred by the sheriff in the performance of his or her duties under
this section shall be a legal charge against the county.
(d) Except as provided in subdivision (e), a peace officer shall
not cause the impoundment of a vehicle at a traffic stop made
pursuant to subdivision (a) if the driver's only offense is a
violation of Section 12500.
(e) During the conduct of pulling a driver over in accordance with
subdivision (a), if the peace officer encounters a driver who is in
violation of Section 12500, the peace officer shall make a reasonable
attempt to identify the registered owner of the vehicle. If the
registered owner is present, or the peace officer is able to identify
the registered owner and obtain the registered owner's authorization
to release the motor vehicle to a licensed driver during the vehicle
stop, the vehicle shall be released to either the registered owner
of the vehicle if he or she is a licensed driver or to the licensed
driver authorized by the registered owner of the vehicle. If a notice
to appear is issued, the name and the driver's license number of the
licensed driver to whom the vehicle was released pursuant to this
subdivision shall be listed on the officer's copy of the notice to
appear issued to the unlicensed driver. When
If a vehicle cannot be released, the vehicle shall be removed
pursuant to subdivision (p) of Section 22651, whether a notice to
appear has been issued or not.
(f) For purposes of this section, "agricultural irrigation
supplies" include agricultural irrigation water bladder and one-half
inch diameter or greater irrigation line.
(g) This section shall be implemented only in a county where the
board of supervisors adopts a resolution authorizing the enforcement
of this section.
SEC. 170. Section 12801 of the Vehicle Code, as added by Section
10 of Chapter 524 of the Statutes of 2013, is amended to read:
12801. (a) Except as provided in subdivisions (b) and (c) and
Section 12801.9, the department shall require an application for a
driver's license to contain the applicant's social security account
number and any other number or identifier determined to be
appropriate by the department.
(b) An applicant who provides satisfactory proof that his or her
presence in the United States is authorized under federal law, but
who is not eligible for a social security account number, is eligible
to receive an original driver's license if he or she meets all other
qualifications for licensure.
(c) (1) An applicant who is unable to provide satisfactory proof
that his or her presence in the United States is authorized under
federal law may sign an affidavit attesting that he or she is both
ineligible for a social security account number and unable to submit
satisfactory proof that his or her presence in the United States is
authorized under federal law. This affidavit is not a public record.
(2) The submission of this affidavit shall be accepted by the
department in lieu of a social security account number.
(3) This subdivision shall not apply to applications for a
commercial driver's license. The department shall require all
applications for a commercial driver's license to include the
applicant's social security account number.
(4) Nothing in this section shall be used to consider an
individual's citizenship or immigration status as a basis for a
criminal investigation, arrest, or detention.
(d) The department shall not complete an application for a driver'
s license unless the applicant is in compliance with the requirements
of subdivision (a), (b) , or (c).
(e) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license , including, but not
limited to, inclusion on a magnetic tape or strip used to store data
on the license.
(f) This section shall become operative on January 1, 2015, or on
the date that the director executes a declaration pursuant to Section
12801.11, whichever is sooner.
(g) This section shall become inoperative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 171. Section 12801 of the Vehicle Code, as added by Section
11 of Chapter 524 of the Statutes of 2013, is amended to read:
12801. (a) Notwithstanding any other law, the department shall
require an application for a driver's license to contain the
applicant's social security account number and any other number or
identifier determined to be appropriate by the department.
(b) Notwithstanding subdivision (a), an applicant who provides
satisfactory proof that his or her presence in the United States is
authorized under federal law, but who is not eligible for a social
security account number, is eligible to receive an original driver's
license if he or she meets all other qualifications for licensure.
(c) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license , including, but not
limited to, inclusion on a magnetic tape or strip used to store data
on the license.
(d) This section shall become operative on the effective date of a
final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 172. Section 12801.9 of the Vehicle Code is amended to read:
12801.9. (a) Notwithstanding Section 12801.5, the department
shall issue an original driver's license to a person who is unable to
submit satisfactory proof that the applicant's presence in the
United States is authorized under federal law if he or she meets all
other qualifications for licensure and provides satisfactory proof to
the department of his or her identity and California residency.
(b) The department shall adopt emergency regulations to carry out
the purposes of this section, including, but not limited to,
procedures for (1) identifying documents acceptable for the purposes
of proving identity and California residency, (2) procedures for
verifying the authenticity of the documents, (3) issuance of a
temporary license pending verification of any document's
authenticity, and (4) hearings to appeal a denial of a license or
temporary license.
(c) Emergency regulations adopted for purposes of establishing the
documents acceptable to prove identity and residency pursuant to
subdivision (b) shall be promulgated by the department in
consultation with appropriate interested parties, in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), including law enforcement representatives, immigrant rights
representatives, labor representatives, and other stakeholders, which
may include, but are not limited to, the Department of the
California Highway Patrol, the California State Sheriffs'
Association, and the California Police Chiefs Association. The
department shall accept various types of documentation for this
purpose, including, but not limited to, the following documents:
(1) A valid, unexpired consular identification document issued by
a consulate from the applicant's country of citizenship, or a valid,
unexpired passport from the applicant's country of citizenship.
(2) An original birth certificate, or other proof of age, as
designated by the department.
(3) A home utility bill, lease or rental agreement, or other proof
of California residence, as designated by the department.
(4) The following documents, which, if in a language other than
English, shall be accompanied by a certified translation or an
affidavit of translation into English:
(A) A marriage license or divorce certificate.
(B) A foreign federal electoral photo card issued on or after
January 1, 1991.
(C) A foreign driver's license.
(5) A United States Department of Homeland Security Form I-589,
Application for Asylum and for Withholding of Removal.
(6) An official school or college transcript that includes the
applicant's date of birth, or a foreign school record that is sealed
and includes a photograph of the applicant at the age the record was
issued.
(7) A United States Department of Homeland Security Form I-20 or
Form DS-2019.
(8) A deed or title to real property.
(9) A property tax bill or statement issued within the previous 12
months.
(10) An income tax return.
(d) (1) A license issued pursuant to this section, including a
temporary license issued pursuant to Section 12506, shall include a
recognizable feature on the front of the card, such as the letters
"DP" instead of, and in the same font size as, the letters "DL," with
no other distinguishable feature.
(2) The license shall bear the following notice: "This card is not
acceptable for official federal purposes. This license is issued
only as a license to drive a motor vehicle. It does not establish
eligibility for employment, voter registration, or public benefits."
(3) The notice described in paragraph (2) shall be in lieu of the
notice provided in Section 12800.5.
(e) If the United States Department of Homeland Security
determines a license issued pursuant to this section does not satisfy
the requirements of Section 37.71 of Title 6 of the Code of Federal
Regulations, adopted pursuant to paragraph (11) of subdivision (d) of
Section 202 of the Real ID Act of 2005 (Public Law 109-13), the
department shall modify the license only to the extent necessary to
satisfy the requirements of that section.
(f) Notwithstanding Section 40300 or any other law, a peace
officer shall not detain or arrest a person solely on the belief that
the person is an unlicensed driver, unless the officer has
reasonable cause to believe the person driving is under 16 years of
age.
(g) The inability to obtain a driver's license pursuant to this
section does not abrogate or diminish in any respect the legal
requirement of every driver in this state to obey the motor vehicle
laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.
(h) It shall be a violation of law, including, but not limited to,
a violation of the Unruh Civil Rights Act (Section 51 of the Civil
Code), to discriminate against an individual because he or she holds
or presents a license issued under this section.
(i) Information collected pursuant to this section is not a public
record and shall not be disclosed by the department, except as
required by law.
(j) A license issued pursuant to this section shall not be used to
consider an individual's citizenship or immigration status as a
basis for a criminal investigation, arrest, or detention.
(k) On or before January 1, 2018, the California Research Bureau
shall compile and submit to the Legislature and the Governor a report
of any violations of subdivisions (h) and (j). Information
pertaining to any specific individual shall not be provided in the
report.
(l) In addition to the fees required by Section 14900, a person
applying for an original license pursuant to this section may be
required to pay an additional fee determined by the department that
is sufficient to offset the reasonable administrative costs of
implementing the provisions of the act that added this section. If
this additional fee is assessed, it shall only apply until June 30,
2017.
(m) This section shall become operative on January 1, 2015, or on
the date that the director executes a declaration pursuant to Section
12801.11, whichever is sooner.
(n) This section shall become inoperative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 173. Section 14601.2 of the Vehicle Code is amended to read:
14601.2. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted if the person so driving has knowledge of the
restriction.
(c) Knowledge of the suspension or revocation of the driving
privilege shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106.
Knowledge of the restriction of the driving privilege shall be
presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(h) Pursuant to Section 23575, the court shall require a person
convicted of a violation of this section to install a certified
ignition interlock device on a vehicle the person owns or operates.
Upon receipt of the abstract of a conviction under this section, the
department shall not reinstate the privilege to operate a motor
vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) (h) of Section 13386 or
the Judicial Council Form I.D. 100.
(i) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility , as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(k) If Section 23573 is applicable, then subdivision (h) is not
applicable.
SEC. 174. Section 15210 of the Vehicle Code is amended to read:
15210. Notwithstanding any other provision of this code, as used
in this chapter, the following terms have the following meanings:
(a) "Commercial driver's license" means a driver's license issued
by a state or other jurisdiction, in accordance with the standards
contained in Part 383 of Title 49 of the Code of Federal Regulations,
which authorizes the licenseholder to operate a class or type of
commercial motor vehicle.
(b) (1) "Commercial motor vehicle" means any vehicle or
combination of vehicles that requires a class A or class B license,
or a class C license with an endorsement issued pursuant to paragraph
(2), (3), (4), or (5) of subdivision (a) of Section 15278.
(2) "Commercial motor vehicle" does not include any of the
following:
(A) A recreational vehicle, as defined in Section 18010 of the
Health and Safety Code.
(B) An implement of husbandry operated by a person who is not
required to obtain a driver's license under this code.
(C) Vehicles operated by persons exempted pursuant to Section
25163 of the Health and Safety Code or a vehicle operated in an
emergency situation at the direction of a peace officer pursuant to
Section 2800.
(c) "Controlled substance" has the same meaning as defined by the
federal Controlled Substances Act (21 U.S.C. Sec. 802).
(d) "Conviction" means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court costs, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.
(e) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(f) "Driving a commercial vehicle under the influence" means
committing any one or more of the following unlawful acts in a
commercial motor vehicle:
(1) Driving a commercial motor vehicle while the operator's
blood-alcohol concentration level is 0.04 percent or more, by weight
in violation of subdivision (d) of Section 23152.
(2) Driving under the influence of alcohol, as prescribed in
subdivision (a) or (b) of Section 23152.
(3) Refusal to undergo testing as required under this code in the
enforcement of Subpart D of Part 383 or Subpart A of Part 392 of
Title 49 of the Code of Federal Regulations.
(g) "Employer" means any person, including the United States, a
state, or political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns drivers to operate that vehicle.
A person who employs himself or herself as a commercial vehicle
driver is considered to be both an employer and a driver for purposes
of this chapter.
(h) "Fatality" means the death of a person as a result of a motor
vehicle accident.
(i) "Felony" means an offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year.
(j) "Gross combination weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a combination or
articulated vehicle. In the absence of a value specified by the
manufacturer, gross vehicle weight rating will
shall be determined by adding the gross vehicle weight
rating of the power unit and the total weight of the towed units and
any load thereon.
(k) "Gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle, as
defined in Section 390. 350.
(l) "Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health, property, or
the environment may occur before the reasonable
reasonably foreseeable completion date of a formal
proceeding has begun to lessen the risk of death, illness,
injury, or endangerment.
(m) "Noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles that is not included within the
definition in subdivision (b).
(n) "Nonresident commercial driver's license" means a commercial
driver's license issued to an individual by a state under one of the
following provisions:
(1) The individual is domiciled in a foreign country.
(2) The individual is domiciled in another state.
(o) "Schoolbus" is a commercial motor vehicle, as defined in
Section 545.
(p) "Serious traffic violation" includes any of the following:
(1) Excessive speeding, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570) involving any
single offense for any speed of 15 miles an hour or more above the
posted speed limit.
(2) Reckless driving, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving in the
manner described under Section 2800.1, 2800.2, or 2800.3, including,
but not limited to, the offense of driving a commercial motor
vehicle in willful or wanton disregard for the safety of persons or
property.
(3) A violation of a state or local law involving the safe
operation of a motor vehicle, arising in connection with a fatal
traffic accident.
(4) A similar violation of a state or local law involving the safe
operation of a motor vehicle, as defined pursuant to the Commercial
Motor Vehicle Safety Act (Title XII of P.L. 99-570).
(5) Driving a commercial motor vehicle without a commercial driver'
s license.
(6) Driving a commercial motor vehicle without the driver having
in his or her possession a commercial driver's license, unless the
driver provides proof at the subsequent court appearance that he or
she held a valid commercial driver's license on the date of the
violation.
(7) Driving a commercial motor vehicle when the driver has not met
the minimum testing standards for that vehicle as to the class or
type of cargo the vehicle is carrying.
(8) Driving a commercial motor vehicle while using an electronic
wireless communication device to write, send, or read a text-based
communication, as defined in Section 23123.5.
In the absence of a federal definition, existing definitions under
this code shall apply.
(q) "State" means a state of the United States or the District of
Columbia.
(r) "Tank vehicle" means a commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank or
tanks having an individual rated capacity of more than 119 gallons
and an aggregate rated capacity of at least 1,000 gallons that is
permanently or temporarily attached to the vehicle or the chassis,
including, but not limited to, cargo tanks and portable tanks, as
defined in Part 171 of Title 49 of the Code of Federal Regulations. A
commercial motor vehicle transporting
an empty storage container tank not designed for
transportation, with a rated capacity of at least 1,000 gallons that
is temporarily attached to a flatbed trailer, is not a tank vehicle.
SEC. 175. Section 15215 of the Vehicle Code is amended to read:
15215. (a) The department shall report each conviction of a
person who holds a commercial driver's licence
license from another state occurring within this state to
the licensing authority of the home state of the licencee.
licensee. This report shall clearly identify the
person convicted; violation date; describe the violation specifying
the section of the statute, code, or ordinance violated; identify the
court in which action was taken; indicate whether a plea of guilty
or not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond, or other security; and include special
findings made in connection with the conviction.
(b) For the purposes of subdivision (a),
"conviction" has the same meaning as defined in subdivision (d) of
Section 15210.
SEC. 176. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in Chapter 6.2 (commencing with Section
1962), Chapter 7 (commencing with Section 1963),
Chapter 7.1 (commencing with Section 1964), Chapter 8 (commencing
with Section 1965), and Chapter 8.1 (commencing with Section 1966) of
Division 2.5 of the Streets and Highways Code, and Sections 4023,
21115, and 21115.1, a low-speed vehicle is subject to all the
provisions applicable to a motor vehicle, and the driver of a
low-speed vehicle is subject to all the provisions applicable to the
driver of a motor vehicle or other vehicle, when applicable, by this
code or another code, with the exception of those provisions that, by
their very nature, can have no application.
SEC. 177. Section 21260 of the Vehicle Code is amended to read:
21260. (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 6.2
(commencing with Section 1962), Chapter 7 (commencing with
Section 1963), Chapter 7.1 (commencing with Section 1964),
Chapter 8 (commencing with Section 1965), or Chapter 8.1 (commencing
with Section 1966) of Division 2.5 of the Streets and Highways Code,
the operator of a low-speed vehicle shall not operate the vehicle on
any roadway with a speed limit in excess of 35 miles per hour.
(b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
SEC. 178. Section 27375 of the Vehicle Code is amended to read:
27375. (a) Any person who operates a limousine, as defined in
subdivision (i) of Section 5371.4 of the Public Utilities Code, in
any city, county, or city and county, that has been modified or
extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers shall ensure that the
vehicle has at least two rear side doors and one or two rear
windows, as specified in paragraph (1), that the rear seat passengers
or all passengers of the vehicle may open from the inside of the
vehicle in case of any fire or other emergency that may require the
immediate exit of the passengers of the vehicle. A limousine subject
to this section shall be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear
push-out windows that are accessible to all passengers. At least one
push-out window shall be located on each side of the vehicle, unless
the design of the limousine precludes the installation of a push-out
window on one side of the vehicle, in which case the second push-out
window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall
establish, by regulation, standards to ensure that window exits are
operable and sufficient in emergency situations for limousine
passengers. The department shall ensure that these regulations comply
with any applicable federal motor vehicle safety standards.
(2) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger. At least
one rear side door shall be located on each side of the vehicle. For
vehicles modified or extended for purposes of increasing vehicle
length in an amount sufficient to accommodate additional passengers
on or after July 1, 2015, at least one of these side doors shall be
located near the driver's compartment and another near the back of
the vehicle. These side doors shall comply with any applicable
federal motor vehicle safety standards as deemed necessary by the
Department of the California Highway Patrol.
(b) In the case of any a fire or
other emergency that requires the immediate exit of the passengers
from the limousine, the driver of the limousine shall unlock the
doors so that the rear side doors can be opened by the passengers
from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the
following:
(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip, including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver by the
use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.
(3) If paragraph (3) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the safety
requirements required in subdivision (a) regarding vehicle escape
options because of its exempt status, and therefore may pose a
greater risk to passengers should emergency escape be necessary.
(d) (1) Subdivision (a) shall apply to all limousines modified or
extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers on or after July 1,
2015.
(2) Subdivision (a) shall, beginning January 1, 2016, apply to all
limousines that were modified or extended for purposes of increasing
vehicle length in an amount sufficient to accommodate additional
passengers prior to July 1, 2015.
(3) Except as provided in paragraph (4), subdivision (a) shall not
apply to any limousine manufactured prior to
before 1970 and that has an active
transportation charter-party carrier (TCP) number as of August 15,
2013.
(4) Subdivision (a) shall apply to any limousine manufactured
prior to before 1970 if it is modified
or extended for the purpose of increasing vehicle length in an amount
sufficient to accommodate additional passengers after August 15,
2013.
SEC. 179. The heading of Article 5 (commencing with Section 21250)
of Chapter 1 of Division 11 of the Vehicle Code, as added by Section
6 of Chapter 140 of the Statutes of 1999, is amended and renumbered
to read:
Article 5. 5.5. Operation of
Low-Speed Vehicles
SEC. 180. Section 304.7 of the Welfare and Institutions Code is
amended to read:
304.7. (a) The Judicial Council shall develop and implement
standards for the education and training of all judges who conduct
hearings pursuant to Section 300. The training shall include, but not
be limited to, both of the following:
(1) A component relating to Section 300 proceedings for newly
appointed or elected judges and an annual training session in Section
300 proceedings.
(2) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth.
(b) Any A commissioner or
referee who is assigned to conduct hearings held pursuant to Section
300 shall meet the minimum standards for education and training
established pursuant to subdivision (a), by July 31, 1998.
(c) The Judicial Council shall submit an annual report to the
Legislature on compliance by judges, commissioners , and
referees with the education and training standards described in
subdivisions (a) and (b).
SEC. 181. Section 355 of the Welfare and Institutions Code is
amended to read:
355. (a) At the jurisdictional hearing, the court shall first
consider only the question whether the minor is a person described by
Section 300. Any legally admissible evidence that is relevant to the
circumstances or acts that are alleged to bring the minor within the
jurisdiction of the juvenile court is admissible and may be received
in evidence. Proof by a preponderance of evidence must be adduced to
support a finding that the minor is a person described by Section
300. Objections that could have been made to evidence introduced
shall be deemed to have been made by any a
parent or guardian who is present at the hearing and
unrepresented by counsel, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of the right to
counsel. Objections that could have been made to evidence introduced
shall be deemed to have been made by any an
unrepresented child.
(b) A social study prepared by the petitioning agency, and hearsay
evidence contained in it, is admissible and constitutes competent
evidence upon which a finding of jurisdiction pursuant to Section 300
may be based, to the extent allowed by subdivisions (c) and (d).
(1) For the purposes of this section, "social
study" means any written report furnished to the juvenile court and
to all parties or their counsel by the county probation or welfare
department in any matter involving the custody, status, or welfare of
a minor in a dependency proceeding pursuant to Article 6 (commencing
with Section 300) to Article 12 (commencing with Section 385),
inclusive.
(2) The preparer of the social study shall be made available for
cross-examination upon a timely request by any
a party. The court may deem the preparer available for
cross-examination if it determines that the preparer is on telephone
standby and can be present in court within a reasonable time of the
request.
(3) The court may grant a reasonable continuance not to exceed 10
days upon request by any party if the social study is not provided to
the parties or their counsel within a reasonable time before the
hearing.
(c) (1) If any a party to the
jurisdictional hearing raises a timely objection to the admission of
specific hearsay evidence contained in a social study, the specific
hearsay evidence shall not be sufficient by itself to support a
jurisdictional finding or any ultimate fact upon which a
jurisdictional finding is based, unless the petitioner establishes
one or more of the following exceptions:
(A) The hearsay evidence would be admissible in any civil or
criminal proceeding under any statutory or decisional exception to
the prohibition against hearsay.
(B) The hearsay declarant is a minor under 12 years of age who is
the subject of the jurisdictional hearing. However, the hearsay
statement of a minor under 12 years of age shall not be admissible if
the objecting party establishes that the statement is unreliable
because it was the product of fraud, deceit, or undue influence.
(C) The hearsay declarant is a peace officer as defined by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, a health practitioner described in paragraphs (22) to
(29), (21) to (28), inclusive, of subdivision
(a) of Section 11165.7 of the Penal Code, a social worker licensed
pursuant to Chapter 14 (commencing with Section 4991) of Division 2
of the Business and Professions Code, or a teacher who holds a
credential pursuant to Chapter 2 (commencing with Section 44200) of
Part 25 of Division 3 of Title 2 of the Education Code. For the
purpose of this subdivision, evidence in a declaration is admissible
only to the extent that it would otherwise be admissible under this
section or if the declarant were present and testifying in court.
(D) The hearsay declarant is available for cross-examination. For
purposes of this section, the court may deem a witness available for
cross-examination if it determines that the witness is on telephone
standby and can be present in court within a reasonable time of a
request to examine the witness.
(2) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed hearsay evidence
and it gives the petitioner a reasonable period of time to meet the
objection prior to a contested hearing.
(d) This section shall not be construed to limit the right of
any a party to the jurisdictional
hearing to subpoena a witness whose statement is contained in the
social study or to introduce admissible evidence relevant to the
weight of the hearsay evidence or the credibility of the hearsay
declarant.
SEC. 182. Section 366.31 of the Welfare and Institutions Code is
amended to read:
366.31. (a) If a review hearing is the last review hearing to be
held before the minor attains 18 years of age, the court shall ensure
all of the following:
(1) The minor's case plan includes a plan for the minor to satisfy
one or more of the participation conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
the minor is eligible to remain in foster care as a nonminor
dependent.
(2) The minor has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) The minor is informed of his or her right to have dependency
reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
(b) At the review hearing that occurs in the six-month period
prior to the minor's attaining 18 years of age, and at every
subsequent review hearing for the nonminor dependent, as described in
subdivision (v) of Section 11400, the report shall describe all of
the following:
(1) The minor's and nonminor's plans to remain in foster care and
plans to meet one or more of the participation conditions as
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits as a nonminor
dependent.
(2) The efforts made and assistance provided to the minor and
nonminor by the social worker or the probation officer so that the
minor and nonminor will be able to meet the participation conditions.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(c) The reviews conducted pursuant to this section for
any a nonminor dependent shall be conducted in a
manner that respects the nonminor's status as a legal adult, focused
on the goals and services described in the youth's transitional
independent living case plan, as described in subdivision (y) of
Section 11400, including efforts made to maintain connections with
caring and permanently committed adults, and attended, as
appropriate, by additional participants invited by the nonminor
dependent.
(d) For a nonminor dependent whose case plan is continued
court-ordered family reunification services pursuant to Section
361.6, the court shall consider whether the nonminor dependent may
safely reside in the home of the parent or guardian. If the nonminor
cannot reside safely in the home of the parent or guardian,
or, guardian or if it is not in the nonminor
dependent's best interest to reside in the home of the parent or
guardian, the court must consider whether to continue or terminate
reunification services for the parent or legal guardian.
(1) The review report shall include a discussion of all of the
following:
(A) Whether foster care placement continues to be necessary and
appropriate.
(B) The likely date by which the nonminor dependent may reside
safely in the home of the parent or guardian or will achieve
independence.
(C) Whether the parent or guardian and nonminor dependent were
actively involved in the development of the case plan.
(D) Whether the social worker or probation officer has provided
reasonable services designed to aid the parent or guardian to
overcome the problems that led to the initial removal of the nonminor
dependent.
(E) The extent of progress the parents or guardian have made
toward alleviating or mitigating the causes necessitating placement
in foster care.
(F) Whether the nonminor dependent and parent, parents, or
guardian are in agreement with the continuation of reunification
services.
(G) Whether continued reunification services are in the best
interest of the nonminor dependent.
(H) Whether there is a substantial probability that the nonminor
dependent will be able to safely reside in the home of the parent or
guardian by the next review hearing date.
(I) The efforts to maintain the nonminor's connections with caring
and permanently committed adults.
(J) The agency's compliance with the nonminor dependent's
transitional independent living case plan, including efforts to
finalize the nonminor's permanent plan and prepare the nonminor
dependent for independence.
(K) The progress in providing the information and documents to the
nonminor dependent as described in Section 391.
(2) The court shall inquire about the progress being made to
provide a permanent home for the nonminor, shall consider the safety
of the nonminor dependent, and shall determine all of the following:
(A) The continuing necessity for, and appropriateness of, the
placement.
(B) Whether the agency has made reasonable efforts to maintain
relationships between the nonminor dependent and individuals who are
important to the nonminor dependent.
(C) The extent of the agency's compliance with the case plan in
making reasonable efforts, efforts or,
in the case of an Indian child, active efforts , as
described in Section 361.7, to create a safe home of the parent or
guardian for the nonminor to reside in or to complete whatever steps
are necessary to finalize the permanent placement of the nonminor
dependent.
(D) The extent of the agency's compliance with the nonminor
dependent's transitional independent living case plan, including
efforts to finalize the youth's permanent plan and prepare the
nonminor dependent for independence.
(E) The adequacy of services provided to the parent or guardian
and to the nonminor dependent. The court shall consider the progress
in providing the information and documents to the nonminor dependent
as described in Section 391. The court shall also consider the need
for, and progress in providing, the assistance and services described
in Section 391.
(F) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(G) The likely date by which the nonminor dependent may safely
reside in the home of the parent or guardian or, if the court is
terminating reunification services, the likely date by which it is
anticipated the nonminor dependent will achieve independence, or, for
an Indian child, in consultation with the child's tribe, placed for
tribal customary adoption.
(H) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
(I) The services needed to assist the nonminor dependent to make
the transition from foster care to independent living.
(J) Whether or not reasonable efforts to make and finalize a
permanent placement for the nonminor have been made.
(3) If the court determines that a nonminor dependent may safely
reside in the home of the parent or former guardian, the court may
order the nonminor dependent to return to the family home. After the
nonminor dependent returns to the family home, the court may
terminate jurisdiction and proceed under applicable provisions of
Section 391 or continue jurisdiction as a nonminor under subdivision
(a) of Section 303 and hold hearings as follows:
(A) At every hearing for a nonminor dependent residing in the home
of the parent or guardian, the court shall set a hearing within six
months of the previous hearing. The court shall advise the parties of
their right to be present. At least 10 calendar days prior
to before the hearing, the social worker or
probation officer shall file a report with the court describing the
services offered to the family and the progress made by the family in
eliminating the conditions or factors requiring court supervision.
The report shall address all of the following:
(i) Whether the parent or guardian and the nonminor dependent were
actively involved in the development of the case plan.
(ii) Whether the social worker or probation officer has provided
reasonable services to eliminate the need for court supervision.
(iii) The progress of providing information and documents to the
nonminor dependent as described in Section 391.
(B) The court shall inquire about progress being made, shall
consider the safety of the nonminor dependent, and shall determine
all of the following:
(i) The continuing need for court supervision.
(ii) The extent of the agency's compliance with the case plan in
making reasonable efforts to maintain a safe family home for the
nonminor dependent.
(C) If the court finds that court supervision is no longer
necessary, the court shall terminate jurisdiction under applicable
provisions of Section 391.
(e) For a nonminor dependent who is no longer receiving
court-ordered family reunification services and is in a permanent
plan of planned permanent living arrangement, at the review hearing
held every six months pursuant to subdivision (d) of Section 366.3,
the reviewing body shall inquire about the progress being made to
provide permanent connections with caring, committed adults for the
nonminor dependent, shall consider the safety of the nonminor, shall
consider the Transitional Independent Living Case Plan,
transitional independent living case plan, and
shall determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) The continuing appropriateness and extent of compliance with
the permanent plan for the nonminor dependent, including efforts to
identify and maintain relationships with individuals who are
important to the nonminor dependent.
(3) The extent of the agency's compliance with the nonminor
dependent's transitional independent living case plan, including
whether or not reasonable efforts have been made to make and finalize
the youth's permanent plan and prepare the nonminor dependent for
independence.
(4) Whether a prospective adoptive parent has been identified and
assessed as appropriate for the nonminor dependent's adoption under
this section, whether the prospective adoptive parent has been
informed about the terms of the written negotiated adoption
assistance agreement pursuant to Section 16120, and whether adoption
should be ordered as the nonminor dependent's permanent plan. If
nonminor dependent adoption is ordered as the nonminor dependent's
permanent plan, a hearing pursuant to subdivision (f) shall be held
within 60 days. When the court orders a hearing pursuant to
subdivision (f), it shall direct the agency to prepare a report that
shall include the provisions of paragraph (5) of subdivision (f).
(5) For the nonminor dependent who is an Indian child, whether, in
consultation with the nonminor's tribe, the nonminor should be
placed for tribal customary adoption.
(6) The adequacy of services provided to the nonminor dependent.
The court shall consider the progress in providing the information
and documents to the nonminor dependent as described in Section 391.
The court shall also consider the need for, and progress in
providing, the assistance and services described in Section 391.
(7) The likely date by which it is anticipated the nonminor
dependent will achieve adoption or independence.
(8) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
(9) The services needed to assist the nonminor dependent to make
the transition from foster care to independent living.
(f) (1) At a hearing to consider a permanent plan of adoption for
a nonminor dependent, the court shall read and consider the report in
paragraph (5) and receive other evidence that the parties may
present. A copy of the executed negotiated agreement shall be
attached to the report. If the court finds pursuant to this section
that nonminor dependent adoption is the appropriate permanent plan,
it shall make findings and orders to do the following:
(A) Approve the adoption agreement and declare the nonminor
dependent is the adopted child of the adoptive parent, and that the
nonminor dependent and adoptive parents agree to assume toward each
other the legal relationship of parents and child and to have all of
the rights and be subject to all of the duties and responsibilities
of that relationship.
(B) Declare that the birth parents of the nonminor dependent are,
from the time of the adoption, relieved of all parental duties
toward, and responsibility for, the adopted nonminor dependent and
have no rights over the adopted nonminor dependent.
(2) If the court finds that the nonminor dependent and the
prospective adoptive parent have mutually consented to the adoption,
the court may enter the adoption order after it determines all of the
following:
(A) Whether the notice was given as required by law.
(B) Whether the nonminor dependent and prospective adoptive parent
are present for the hearing.
(C) Whether the court has read and considered the
assessment prepared by the social worker or probation officer.
(D) Whether the court considered the wishes of the nonminor
dependent.
(E) If the nonminor dependent is eligible, the prospective
adoptive parent has signed the negotiated adoption assistance
agreement pursuant to subdivision (g) of Section 16120, and whether a
copy of the executed negotiated agreement is attached to the report.
(F) Whether the adoption is in the best interest of the nonminor
dependent.
(3) If the court orders the establishment of the nonminor
dependent adoption, it shall dismiss dependency or transitional
jurisdiction.
(4) If the court does not order the establishment of the nonminor
dependent adoption, the nonminor dependent shall remain in a planned
permanent living arrangement subject to periodic review of the
juvenile court pursuant to this section.
(5) At least 10 calendar days before the hearing, the social
worker or probation officer shall file a report with the court and
provide a copy of the report to all parties. The report shall
describe the following:
(A) Whether or not the nonminor dependent has any developmental
disability and whether the proposed adoptive parent is suitable to
meet the needs of the nonminor dependent.
(B) The length and nature of the relationship between the
prospective adoptive parent and the nonminor dependent, including
whether the prospective adoptive parent has been determined to have
been established as the nonminor's permanent connection.
(C) Whether the nonminor dependent has been determined to be
eligible for the adoption assistance program,
program and , if so, whether the prospective
adoptive parent has signed the negotiated adoption assistance
agreement pursuant to subdivision (g) of Section 16120.
(D) Whether a copy of the executed negotiated agreement is
attached to the report.
(E) Whether criminal background clearances were completed for the
prospective adoptive parent as required by Section 671(a)(2)
(A) and (c) 671(a)(20)(A) and (a)(20)(C) of
Title 42 of the United States Code.
(F) Whether the prospective adoptive parent who is married and not
legally separated from that spouse has the consent of the spouse,
provided that the spouse is capable of giving that consent.
(G) Whether the adoption of the nonminor dependent is in the best
interests of the nonminor dependent and the prospective adoptive
parent.
(H) Whether the nonminor dependent and the prospective adoptive
parent have mutually consented to the adoption.
(6) The social worker or probation officer shall serve written
notice of the hearing in the manner and to the persons set forth in
Section 295, including the prospective adoptive parent or parents,
except that notice to the nonminor's birth parents is not required.
(7) Nothing in this section shall prevent a nonminor dependent
from filing an adoption petition pursuant to Section 9300 of the
Family Code.
(g) Each licensed foster family agency shall submit reports for
each nonminor dependent in its care to the court concerning the
continuing appropriateness and extent of compliance with the nonminor
dependent's permanent plan, the extent of compliance with the
transitional independent living case plan, and the type and adequacy
of services provided to the nonminor dependent. The report shall
document that the nonminor has received all the information and
documentation described in paragraph (2) of subdivision (e) of
Section 391. If the court is considering terminating dependency
jurisdiction for a nonminor dependent it shall first hold a hearing
pursuant to Section 391.
SEC. 183. Section 726 of the Welfare and Institutions Code is
amended to read:
726. (a) In all cases in which a minor is adjudged a ward or
dependent child of the court, the court may limit the control to be
exercised over the ward or dependent child by any parent or guardian
and shall , in its order, clearly and specifically set
forth all those limitations, but no ward or dependent child shall be
taken from the physical custody of a parent or guardian, unless upon
the hearing the court finds one of the following facts:
(1) That the parent or guardian is incapable of providing or has
failed or neglected to provide proper maintenance, training, and
education for the minor.
(2) That the minor has been tried on probation while in custody
and has failed to reform.
(3) That the welfare of the minor requires that custody be taken
from the minor's parent or guardian.
(b) Whenever the court specifically limits the right of the parent
or guardian to make educational or developmental services decisions
for the minor, the court shall at the same time appoint a responsible
adult to make educational or developmental services decisions for
the child until one of the following occurs:
(1) The minor reaches 18 years of age, unless the child chooses
not to make educational or developmental services decisions for
himself or herself, or is deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
(3) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) or (6) of subdivision (b) of
Section 727.3, at which time, for educational decisionmaking, the
foster parent, relative caretaker, or nonrelative extended family
member , as defined in Section 362.7 , has the
right to represent the child in educational matters pursuant to
Section 56055 of the Education Code, and for decisions relating to
developmental services, unless the court specifies otherwise, the
foster parent, relative caregiver, or nonrelative extended family
member of the planned permanent living arrangement has the right to
represent the child in matters related to developmental services.
(c) An individual who would have a conflict of interest in
representing the child, as specified under federal regulations, may
not be appointed to make educational decisions. The limitations
applicable to conflicts of interest for educational rights holders
shall also apply to authorized representatives for developmental
services decisions pursuant to subdivision (b) of Section 4701.6. For
purposes of this section, "an individual who would have a conflict
of interest," interest" means a person
having any interests that might restrict or bias his or her ability
to make educational or developmental services decisions, including,
but not limited to, those conflicts of interest prohibited by Section
1126 of the Government Code, and the receipt of compensation or
attorneys' fees for the provision of services pursuant to this
section. A foster parent may not be deemed to have a conflict of
interest solely because he or she receives compensation for the
provision of services pursuant to this section.
(1) If the court limits the parent's educational rights pursuant
to subdivision (a), the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child and who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child
and paragraphs (1) to (5), inclusive, of subdivision (b) do not
apply, and the child has either been referred to the local
educational agency for special education and related
services, services or has a valid individualized
education program, the court shall refer the child to the local
educational agency for appointment of a surrogate parent pursuant to
Section 7579.5 of the Government Code.
(2) All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child's educational needs and whether those needs are
being met, and shall, prior to before
each review hearing held under Article 10 (commencing with Section
360), provide information and recommendations concerning the child's
educational needs to the child's social worker, make written
recommendations to the court, or attend the hearing and participate
in those portions of the hearing that concern the child's education.
(3) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.
(d) (1) If the minor is removed from the
physical custody of his or her parent or guardian as the result of an
order of wardship made pursuant to Section 602, the order shall
specify that the minor may not be held in physical confinement for a
period in excess of the maximum term of imprisonment which could be
imposed upon an adult convicted of the offense or offenses which
brought or continued the minor under the jurisdiction of the juvenile
court.
As
(2) As used in this section and
in Section 731, "maximum term of imprisonment" means the longest of
the three time periods set forth in paragraph (2)
(3) of subdivision (a) of Section 1170 of the Penal Code,
but without the need to follow the provisions of subdivision (b) of
Section 1170 of the Penal Code or to consider time for good behavior
or participation pursuant to Sections 2930, 2931, and 2932 of the
Penal Code, plus enhancements which must be proven if pled.
If
(3) If the court elects to
aggregate the period of physical confinement on multiple counts or
multiple petitions, including previously sustained petitions
adjudging the minor a ward within Section 602, the "maximum term of
imprisonment" shall be the aggregate term of imprisonment specified
in subdivision (a) of Section 1170.1 of the Penal Code, which
includes any additional term imposed pursuant to Section 667, 667.5,
667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the
Health and Safety Code.
If
(4) If the charged offense is a
misdemeanor or a felony not included within the scope of Section 1170
of the Penal Code, the "maximum term of imprisonment" is the longest
term of imprisonment prescribed by law.
"Physical
(5) "Physical confinement" means
placement in a juvenile hall, ranch, camp, forestry camp or secure
juvenile home pursuant to Section 730, or in any institution operated
by the Youth Authority. Department of
Corrections and Rehabilitation, Division of Juvenile Justice.
This
(6) This section does not limit
the power of the court to retain jurisdiction over a minor and to
make appropriate orders pursuant to Section 727 for the period
permitted by Section 607.
SEC. 184. Section 4363 of the Welfare and Institutions Code is
amended to read:
4363. The director shall administer this chapter and establish
standards and procedures, procedures as
the director deems necessary in carrying out the provisions of this
chapter. The standards and procedures are not required to be adopted
as regulations pursuant to the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
SEC. 185. Section 4512 of the Welfare and Institutions Code is
amended to read:
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains 18 years of age;
age, continues, or can be expected to continue,
indefinitely; indefinitely, and constitutes a
substantial disability for that individual. As defined by the
Director of Developmental Services, in consultation with the
Superintendent of Public Instruction, this term shall include
intellectual disability, cerebral palsy, epilepsy, and autism. This
term shall also include disabling conditions found to be closely
related to intellectual disability or to require treatment similar to
that required for individuals with an intellectual disability, but
shall not include other handicapping conditions that are solely
physical in nature.
(b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, and normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000, as amended, "developmental disability" and "services for
persons with developmental disabilities" mean the terms as defined in
the federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect
affect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705, and including a minor's, dependent's, or ward's
court-appointed developmental services decisionmaker appointed
pursuant to Section 319, 361, or 726.
(k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
(m) "Native language" means the language normally used or the
preferred language identified by the individual and, when
appropriate, his or her parent, legal guardian or conservator, or
authorized representative.
SEC. 186. Section 4571 of the Welfare and Institutions Code is
amended to read:
4571. (a) It is the intent of the Legislature to ensure the
well-being of consumers, taking into account their informed and
expressed choices. It is further the intent of the Legislature to
support the satisfaction and success of consumers through the
delivery of quality services and supports. Evaluation of the services
that consumers receive is a key aspect to the service system.
Utilizing the information that consumers and their families provide
about those services in a reliable and meaningful way is also
critical to enable the department to assess the performance of the
state's developmental services system and to improve services for
consumers in the future. To that end, the State Department of
Developmental Services, on or before January 1, 2010, shall implement
an improved, unified quality assessment system, in accordance with
this section.
(b) The department, in consultation with stakeholders, shall
identify a valid and reliable quality assurance instrument that
assesses consumer and family satisfaction, provision of services in a
linguistically and culturally competent manner, and personal
outcomes. The instrument shall do all of the following:
(1) Provide nationally validated, benchmarked, consistent,
reliable, and measurable data for the department's Quality Management
System.
(2) Enable the department and regional centers to compare the
performance of California's developmental services system against
other states' developmental services systems and to assess quality
and performance among all of the regional centers.
(3) Include outcome-based measures such as health, safety,
well-being, relationships, interactions with people who do not have a
disability, employment, quality of life, integration, choice,
service, and consumer satisfaction.
(4) Include outcome-based measures to evaluate the linguistic and
cultural competency of regional center services that are provided to
consumers across their lifetime. lifetimes.
(c) To the extent that funding is available, the instrument
identified in subdivision (b) may be expanded to collect additional
data requested by the State Council on Developmental Disabilities.
(d) The department shall contract with an independent agency or
organization to implement by January 1, 2010, the quality assurance
instrument described in subdivision (b). The contractor shall be
experienced in all of the following:
(1) Designing valid quality assurance instruments for
developmental service systems.
(2) Tracking outcome-based measures such as health, safety,
well-being, relationships, interactions with people who do not have a
disability, employment, quality of life, integration, choice,
service, and consumer satisfaction.
(3) Developing data systems.
(4) Data analysis and report preparation.
(5) Assessments of the services received by consumers who are
moved from developmental centers to the community, given the
Legislature's historic recognition of a special obligation to ensure
the well-being of these persons.
(6) Issues related to linguistic and cultural competency.
(e) The department, in consultation with the contractor described
in subdivision (d), shall establish the methodology by which the
quality assurance instrument shall be administered, including, but
not limited to, how often and to whom the quality assurance will be
administered, and the design of a stratified, random sample among the
entire population of consumers served by regional centers. The
contractor shall provide aggregate information for all regional
centers and the state as a whole. At the request of a consumer or the
family member of a consumer, the survey shall be conducted in the
primary language of the consumer or family member surveyed.
(f) The department shall contract with the state council to
collect data for the quality assurance instrument described in
subdivision (b). If, during the data collection process, the state
council identifies any suspected violation of the legal, civil, or
service rights of a consumer, or if it determines that the health and
welfare of a consumer is at risk, that information shall be provided
immediately to the regional center providing case management
services to the consumer. At the request of the consumer,
consumer or family, when appropriate, a copy of
the completed survey shall be provided to the regional center
providing case management services to improve the consumer's quality
of services through the individual planning process.
(g) The department, in consultation with stakeholders, shall
annually review the data collected from and the findings of the
quality assurance instrument described in subdivision (b) and accept
recommendations regarding additional or different criteria for the
quality assurance instrument in order to assess the performance of
the state's developmental services system and improve services for
consumers.
(h) All reports generated pursuant to this section shall be made
publicly available, but shall not contain any personal identifying
information about any person assessed.
(i) All data collected pursuant to subdivision (c) shall be
provided to the state council, but shall contain no personal
identifying information about the persons being surveyed.
(j) Implementation of this section shall be subject to an annual
appropriation of funds in the Budget Act for this purpose.
SEC. 187. Section 4685.8 of the Welfare and Institutions Code is
amended to read:
4685.8. (a) The department shall implement a statewide
Self-Determination Program. The Self-Determination Program shall be
available in every regional center catchment area to provide
participants and their families, within an individual budget,
increased flexibility and choice, and greater control over decisions,
resources, and needed and desired services and supports to implement
their IPP. The statewide Self-Determination Program shall be phased
in over three years, and during this phase-in period, shall serve up
to 2,500 regional center consumers, inclusive of the remaining
participants in the self-determination pilot projects authorized
pursuant to Section 13 of Chapter
1043 of the Statutes of 1998, as amended, and Article 4
(commencing with Section 4669.2) of Chapter 5. Following the phase-in
period, the program shall be available on a voluntary basis to all
regional center consumers who are eligible for the Self-Determination
Program. The program shall be available to individuals who reflect
the disability, ethnic, and geographic diversity of the state.
(b) The department in establishing the statewide program shall do
both of the following:
(1) For the first three years of the Self-Determination Program,
determine, as part of the contracting process described in Sections
4620 and 4629, the number of participants each regional center shall
serve in its Self-Determination Program. To ensure that the program
is available on an equitable basis to participants in all regional
center catchment areas, the number of Self-Determination Program
participants in each regional center shall be based on the relative
percentage of total consumers served by the regional centers minus
any remaining participants in the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes of
1998, as amended, and Article 4 (commencing with Section 4669.2) of
Chapter 5 or another equitable basis.
(2) Ensure all of the following:
(A) Oversight of expenditure of self-determined funds and the
achievement of participant outcomes over time.
(B) Increased participant control over which services and supports
best meet their his or her needs and
the IPP objectives. A participant's unique support system may include
the purchase of existing service offerings from service providers or
local businesses, hiring his or her own support workers, or
negotiating unique service arrangements with local community
resources.
(C) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.
(D) Consumer and family training to ensure understanding of the
principles of self-determination, the planning process, and the
management of budgets, services, and staff.
(E) Choice of independent facilitators who can assist with the
person-centered planning process and choice of financial management
services providers vendored by regional centers who can assist with
payments and provide employee-related services.
(F) Innovation that will more effectively allow participants to
achieve their goals.
(c) For purposes of this section, the following definitions
shall apply:
(1) "Financial management services" means services or functions
that assist the participant to manage and direct the distribution of
funds contained in the individual budget, and ensure that the
participant has the financial resources to implement his or her IPP
throughout the year. These may include bill paying services and
activities that facilitate the employment of service and support
workers by the participant, including, but not limited to, fiscal
accounting, tax withholding, compliance with relevant state and
federal employment laws, assisting the participant in verifying
provider qualifications, including criminal background checks, and
expenditure reports. The financial management services provider shall
meet the requirements of Sections 58884, 58886, and 58887 of Title
17 of the California Code of Regulations and other specific
qualifications established by the department. The costs of financial
management services shall be paid by the participant out of his or
her individual budget, except for the cost of obtaining the criminal
background check specified in subdivision (w).
(2) "Independent facilitator" means a person, selected and
directed by the participant, who is not otherwise providing services
to the participant pursuant to his or her IPP and is not employed by
a person providing services to the participant. The independent
facilitator may assist the participant in making informed decisions
about the individual budget, and in locating, accessing, and
coordinating services and supports consistent with the participant's
IPP. He or she is available to assist in identifying immediate and
long-term needs, developing options to meet those needs, leading,
participating, or advocating on behalf of the participant in the
person-centered planning process and development of the IPP, and
obtaining identified services and supports. The cost of the
independent facilitator, if any, shall be paid by the participant out
of his or her individual budget. An independent facilitator shall
receive training in the principles of self-determination, the
person-centered planning process, and the other responsibilities
described in this paragraph at his or her own cost.
(3) "Individual budget" means the amount of regional center
purchase of service funding available to the participant for the
purchase of services and supports necessary to implement the IPP. The
individual budget shall be determined using a fair, equitable, and
transparent methodology.
(4) "IPP" means individual program plan, as described in Section
4646.
(5) "Participant" means an individual, and when appropriate, his
or her parents, legal guardian or conservator, or authorized
representative, who has been deemed eligible for, and has voluntarily
agreed to participate in, the Self-Determination Program.
(6) "Self-determination" means a voluntary delivery system
consisting of a defined and comprehensive mix of services and
supports, selected and directed by a participant through
person-centered planning, in order to meet the objectives in his or
her IPP. Self-determination services and supports are designed to
assist the participant to achieve personally defined outcomes in
community settings that promote inclusion. The Self-Determination
Program shall only fund services and supports provided pursuant to
this division that the federal Centers for Medicare and Medicaid
Services determines are eligible for federal financial participation.
(d) Participation in the Self-Determination Program is fully
voluntary. A participant may choose to participate in, and may choose
to leave, the Self-Determination Program at any time. A regional
center shall not require or prohibit participation in the
Self-Determination Program as a condition of eligibility for, or the
delivery of, services and supports otherwise available under this
division. Participation in the Self-Determination Program shall be
available to any regional center consumer who meets the following
eligibility requirements:
(1) The participant has a developmental disability, as defined in
Section 4512 , and is receiving services pursuant to this
division.
(2) The consumer does not live in a licensed long-term health care
facility, as defined in paragraph (44) of subdivision (a) of Section
54302 of Title 17 of the California Code of Regulations. An
individual, and when appropriate his or her parent, legal guardian or
conservator, or authorized representative, who is not eligible to
participate in the Self-Determination Program pursuant to this
paragraph may request that the regional center provide
person-centered planning services in order to make arrangements for
transition to the Self-Determination Program, provided that he or she
is reasonably expected to transition to the community within 90
days. In that case, the regional center shall initiate
person-centered planning services within 60 days of that request.
(3) The participant agrees to all of the following terms and
conditions:
(A) The participant shall receive an orientation to the
Self-Determination Program prior to enrollment, which includes the
principles of self-determination, the role of the independent
facilitator and the financial management services provider,
person-centered planning, and development of a budget.
(B) The participant shall utilize the services and supports
available within the Self-Determination Program only when generic
services and supports are not available.
(C) The participant shall only purchase services and supports
necessary to implement his or her IPP and shall comply with any and
all other terms and conditions for participation in the
Self-Determination Program described in this section.
(D) The participant shall manage Self-Determination Program
services and supports within his or her individual budget.
(E) The participant shall utilize the services of a financial
management services provider of his or her own choosing and who is
vendored by a regional center.
(F) The participant may utilize the services of an independent
facilitator of his or her own choosing for the purpose of providing
services and functions as described in paragraph (2) of subdivision
(c). If the participant elects not to use an independent facilitator,
he or she may use his or her regional center service coordinator to
provide the services and functions described in paragraph (2) of
subdivision (c).
(e) A participant who is not Medi-Cal eligible may participate in
the Self-Determination Program and receive self-determination
services and supports if all other program eligibility requirements
are met and the services and supports are otherwise eligible for
federal financial participation.
(f) An individual receiving services and supports under a
self-determination pilot project authorized pursuant to Section 13 of
Chapter 1043 of the Statutes of 1998, as amended, or pursuant to
Article 4 (commencing with Section 4669.2) of Chapter 5, may elect to
continue to receive self-determination services and supports
pursuant to this section or the regional center shall provide for the
participant's transition from the self-determination pilot program
to other services and supports. This transition shall include the
development of a new IPP that reflects the services and supports
necessary to meet the individual's needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.
(g) The additional federal financial participation funds generated
by the former participants of the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes of
1998, as amended, or pursuant to Article 4 (commencing with Section
4669.2) of Chapter 5, shall be used as follows:
(1) First, to offset the cost to the department for the criminal
background check conducted pursuant to subdivision (w), and other
administrative costs incurred by the department in implementing the
Self-Determination Program.
(2) With the remaining funds, to offset the costs to the regional
centers in implementing the Self-Determination Program, including,
but not limited to, operations costs for caseload ratio enhancement,
training for regional center staff, costs associated with the
participant's initial person-centered planning meeting, the
development of the participant's initial individual budget, and the
costs associated with training consumers and family members.
(h) If at any time during participation in the Self-Determination
Program a regional center determines that a participant is no longer
eligible to continue in, or a participant voluntarily chooses to
exit, the Self-Determination Program, the regional center shall
provide for the participant's transition from the Self-Determination
Program to other services and supports. This transition shall include
the development of a new IPP that reflects the services and supports
necessary to meet the individual's needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.
(i) An individual determined to be ineligible for or who
voluntarily exits the Self-Determination Program shall be permitted
to return to the Self-Determination Program upon meeting all
applicable eligibility criteria and upon approval of the participant'
s planning team, as described in subdivision (j) of Section 4512. An
individual who has voluntarily exited the Self-Determination Program
shall not return to the program for at least 12 months. During the
first three years of the program, the individual's right to return to
the program is conditioned on his or her regional center not having
reached the participant cap imposed by paragraph (1) of subdivision
(b).
(j) An individual who participates in the Self-Determination
Program may elect to continue to receive self-determination services
and supports if he or she transfers to another regional center
catchment area, provided that he or she remains eligible for the
Self-Determination Program pursuant to subdivision (d). The balance
of the participant's individual budget shall be reallocated to the
regional center to which he or she transfers.
(k) The IPP team shall utilize the person-centered planning
process to develop the IPP for a participant. The IPP shall detail
the goals and objectives of the participant that are to be met
through the purchase of participant-selected services and supports.
The IPP team shall determine the individual budget to ensure the
budget assists the participant to achieve the outcomes set forth in
his or her IPP and ensures his or her health and safety. The
completed individual budget shall be attached to the IPP.
(l) The participant shall implement his or her IPP, including
choosing and purchasing the services and supports allowable under
this section necessary to implement the plan. A participant is exempt
from the cost control restrictions regarding the purchases of
services and supports pursuant to Sections 4648.5 and 4686.5. A
regional center shall not prohibit the purchase of any service or
support that is otherwise allowable under this section.
(m) A participant shall have all the rights established in
Sections 4646 to 4646.6, inclusive, and Chapter 7 (commencing with
Section 4700).
(n) (1) Except as provided in paragraph (4), the IPP team shall
determine the initial and any revised individual budget for the
participant using the following methodology:
(A) (i) Except as specified in clause (ii), for a participant who
is a current consumer of the regional center, his or her individual
budget shall be the total amount of the most recently available 12
months of purchase of service expenditures for the participant.
(ii) An adjustment may be made to the amount specified in clause
(i) if both of the following occur:
(I) The IPP team determines that an adjustment to this amount is
necessary due to a change in the participant's circumstances, needs,
or resources that would result in an increase or decrease in purchase
of service expenditures, or the IPP team identifies prior needs or
resources that were unaddressed in the IPP, which would have resulted
in an increase or decrease in purchase of service expenditures.
(II) The regional center certifies on the individual budget
document that regional center expenditures for the individual budget,
including any adjustment, would have occurred regardless of the
individual's participation in the Self-Determination Program.
(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.
(B) For a participant who is either newly eligible for regional
center services or who does not have 12 months of purchase service
expenditures, his or her individual budget shall be calculated as
follows:
(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.
(ii) The regional center shall calculate the cost of providing the
services and supports to be purchased by the regional center by
using the average cost paid by the regional center for each service
or support unless the regional center determines that the consumer
has a unique need that requires a higher or lower cost. The regional
center shall certify on the individual budget document that this
amount would have been expended using regional center purchase of
service funds regardless of the individual's participation in the
Self-Determination Program.
(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.
(2) The amount of the individual budget shall be available to the
participant each year for the purchase of program services and
supports. An individual budget shall be calculated no more than once
in a 12-month period, unless revised to reflect a change in
circumstances, needs, or resources of the participant using the
process specified in clause (ii) of subparagraph (A) of paragraph
(1).
(3) The individual budget shall be assigned to uniform budget
categories developed by the department in consultation with
stakeholders and distributed according to the timing of the
anticipated expenditures in the IPP and in a manner that ensures that
the participant has the financial resources to implement his or her
IPP throughout the year.
(4) The department, in consultation with stakeholders, may develop
alternative methodologies for individual budgets that are computed
in a fair, transparent, and equitable manner and are based on
consumer characteristics and needs, and that include a method for
adjusting individual budgets to address a participant's change in
circumstances or needs.
(o) Annually, participants may transfer up to 10 percent of the
funds originally distributed to any budget category set forth in
paragraph (3) of subdivision (n) to another budget category or
categories. Transfers in excess of 10 percent of the original amount
allocated to any budget category may be made upon the approval of the
regional center or the participant's IPP team.
(p) Consistent with the implementation date of the IPP, the IPP
team shall annually ascertain from the participant whether there are
any circumstances or needs that require a change to the annual
individual budget. Based on that review, the IPP team shall calculate
a new individual budget consistent with the methodology identified
in subdivision (n).
(q) (1) On or before December 31, 2014, the department shall apply
for federal Medicaid funding for the Self-Determination Program by
doing one or more of the following:
(A) Applying for a state plan amendment.
(B) Applying for an amendment to a current home- and
community-based waiver for individuals with developmental
disabilities.
(C) Applying for a new waiver.
(D) Seeking to maximize federal financial participation through
other means.
(2) To the extent feasible, the state plan amendment, waiver, or
other federal request described in paragraph (1) shall incorporate
the eligibility requirements, benefits, and operational requirements
set forth in this section. Except for the provisions of subdivisions
(k), (m), (p), and this subdivision, the department may modify
eligibility requirements, benefits, and operational requirements as
needed to secure approval of federal funding.
(3) Contingent upon approval of federal funding, the
Self-Determination Program shall be established.
(r) (1) The department, as it determines necessary, may adopt
regulations to implement the procedures set forth in this section.
Any regulations shall be adopted in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and only to the extent that all necessary federal approvals are
obtained, the department, without taking any further regulatory
action, shall implement, interpret, or make specific this section by
means of program directives or similar instructions until the time
regulations are adopted. It is the intent of the Legislature that the
department be allowed this temporary authority as necessary to
implement program changes only until completion of the regulatory
process.
(s) The department, in consultation with stakeholders, shall
develop informational materials about the Self-Determination Program.
The department shall ensure that regional centers are trained in the
principles of self-determination, the mechanics of the
Self-Determination Program, and the rights of consumers and families
as candidates for, and participants in, the Self-Determination
Program.
(t) Each regional center shall be responsible for implementing the
Self-Determination Program as a term of its contract under Section
4629. As part of implementing the program, the regional center shall
do both of the following:
(1) Contract with local consumer or family-run organizations to
conduct outreach through local meetings or forums to consumers and
their families to provide information about the Self-Determination
Program and to help ensure that the program is available to a diverse
group of participants, with special outreach to underserved
communities.
(2) Collaborate with the local consumer or family-run
organizations identified in paragraph (1) to jointly conduct training
about the Self-Determination Program.
(u) The financial management services provider shall provide the
participant and the regional center service coordinator with a
monthly individual budget statement that describes the amount of
funds allocated by budget category, the amount spent in the previous
30-day period, and the amount of funding that remains available under
the participant's individual budget.
(v) Only the financial management services provider is required to
apply for vendorization in accordance with Subchapter 2 (commencing
with Section 54300) of Chapter 3 of Title 17 of the California Code
of Regulations, for the Self-Determination Program. All other service
and support providers shall not be on the federal debarment list and
shall have applicable state licenses, certifications, or other state
required documentation, including documentation of any other
qualifications required by the department, but are exempt from the
vendorization requirements set forth in Title 17 of the California
Code of Regulations when serving participants in the
Self-Determination Program.
(w) To protect the health and safety of participants in the
Self-Determination Program, the department shall require a criminal
background check in accordance with all of the following:
(1) The department shall issue a program directive that identifies
nonvendored providers of services and supports who shall obtain a
criminal background check pursuant to this subdivision. At a minimum
these staff shall include both of the following:
(A) Individuals who provide direct personal care services to a
participant.
(B) Other nonvendored providers of services and supports for whom
a criminal background check is requested by a participant or the
participant's financial management service.
(2) Subject to the procedures and requirements of this
subdivision, the department shall administer criminal background
checks consistent with the department's authority and the process
described in Sections 4689.2 to 4689.6, inclusive.
(3) The department shall electronically submit to the Department
of Justice fingerprint images and related information required by the
Department of Justice of nonvendored providers of services and
supports, as specified in paragraph (1), for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal arrests
and also information as to the existence and content of a record of
state or federal arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.
(4) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(5) The Department of Justice shall provide a state or federal
response to the department pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.
(6) The department shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1).
(7) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision.
(8) The fingerprints of any provider of services and supports who
is required to obtain a criminal background check shall be submitted
to the Department of Justice prior to employment. The costs of the
fingerprints and the financial management service's administrative
cost authorized by the department shall be paid by the services and
supports provider or his or her employing agency. Any administrative
costs incurred by the department pursuant to this subdivision shall
be offset by the funds specified in subdivision (g).
(9) If the criminal record information report shows a criminal
history, the department shall take the steps specified in Section
4689.2. The department may prohibit a provider of services and
supports from becoming employed, or continuing to be employed, based
on the criminal background check, as authorized in Section 4689.6.
The provider of services and supports who has been denied employment
shall have the rights set forth in Section 4689.6.
(10) The department may utilize a current department-issued
criminal record clearance to enable a provider to serve more than one
participant, as long as the criminal record clearance has been
processed through the department and no subsequent arrest
notifications have been received relative to the cleared applicant.
(11) Consistent with subdivision (h) of Section 4689.2, the
participant or financial management service that denies or terminates
employment based on written notification from the department shall
not incur civil liability or unemployment insurance liability.
(x) To ensure the effective implementation of the
Self-Determination Program and facilitate the sharing of best
practices and training materials commencing with the implementation
of the Self-Determination Program, local and statewide advisory
committees shall be established as follows:
(1) Each regional center shall establish a local volunteer
advisory committee to provide oversight of the Self-Determination
Program. The regional center and the area board shall each appoint
one-half of the membership of the committee. The committee shall
consist of the regional center
clients' rights advocate, consumers, family members, and other
advocates, and community leaders. A majority of the committee shall
be consumers and their family members. The committee shall reflect
the multicultural diversity and geographic profile of the catchment
area. The committee shall review the development and ongoing progress
of the Self-Determination Program, including whether the program
advances the principles of self-determination and is operating
consistent with the requirements of this section, and may make
ongoing recommendations for improvement to the regional center and
the department.
(2) The State Council on Developmental Disabilities shall form a
volunteer committee, to be known as the Statewide Self-Determination
Advisory Committee, comprised of the chairs of the 21 local advisory
committees or their designees. The council shall convene the
Statewide Self-Determination Advisory Committee twice annually, or
more frequently in the sole discretion of the council. The Statewide
Self-Determination Advisory Committee shall meet by teleconference or
other means established by the council, to identify
self-determination best practices, effective consumer and family
training materials, implementation concerns, systemic issues, ways to
enhance the program, and recommendations regarding the most
effective method for participants to learn of individuals who are
available to provide services and supports. The council shall
synthesize information received from the Statewide Self-Determination
Advisory Committee, local advisory committees, and other sources,
shall share the information with consumers, families, regional
centers, and the department, and shall make recommendations, as
appropriate, to increase the program's effectiveness in furthering
the principles of self-determination.
(y) Commencing January 10, 2017, the department shall annually
provide the following information to the appropriate policy and
fiscal committees of the Legislature:
(1) Number and characteristics of participants, by regional
center.
(2) Types and amount of services and supports purchased under the
Self-Determination Program, by regional center.
(3) Range and average of individual budgets, by regional center,
including adjustments to the budget to address the adjustments
permitted in clause (ii) of subparagraph (A) of paragraph (1) of
subdivision (n).
(4) The number and outcome of appeals concerning individual
budgets, by regional center.
(5) The number and outcome of fair hearing appeals, by regional
center.
(6) The number of participants who voluntarily withdraw from the
Self-Determination Program and a summary of the reasons why, by
regional center.
(7) The number of participants who are subsequently determined to
no longer be eligible for the Self-Determination Program and a
summary of the reasons why, by regional center.
(z) (1) The State Council on Developmental Disabilities, in
collaboration with the protection and advocacy agency identified in
Section 4900 and the federally funded University Centers for
Excellence in Developmental Disabilities Education, Research, and
Service, may work with regional centers to survey participants
regarding participant satisfaction under the Self-Determination
Program, Program and, when data is
available, the traditional service delivery system, including the
proportion of participants who report that their choices and
decisions are respected and supported and who report that they are
able to recruit and hire qualified service providers, and to identify
barriers to participation and recommendations for improvement.
(2) The council, in collaboration with the protection and advocacy
agency identified in Section 4900 and the federally funded
University Centers for Excellence in Developmental Disabilities
Education, Research, and Service, shall issue a report to the
Legislature, in compliance with Section 9795 of the Government Code,
no later than three years following the approval of the federal
funding on the status of the Self-Determination Program authorized by
this section, and provide recommendations to enhance the
effectiveness of the program. This review shall include the program's
effectiveness in furthering the principles of self-determination,
including all of the following:
(A) Freedom, which includes the ability of adults with
developmental disabilities to exercise the same rights as all
citizens; citizens to establish, with
freely chosen supporters, family and friends, where they want to
live, with whom they want to live, how their time will be occupied,
and who supports them; and, for families, and
for families to have the freedom to receive unbiased
assistance of their own choosing when developing a plan and to select
all personnel and supports to further the life goals of a minor
child.
(B) Authority, which includes the ability of a person with a
disability, or family, to control a certain sum of dollars in order
to purchase services and supports of their choosing.
(C) Support, which includes the ability to arrange resources and
personnel, both formal and informal, that will assist a person with a
disability to live a life in his or her community that is rich in
community participation and contributions.
(D) Responsibility, which includes the ability of participants to
take responsibility for decisions in their own lives and to be
accountable for the use of public dollars, and to accept a valued
role in their community through, for example, competitive employment,
organizational affiliations, spiritual development, and general
caring of others in their community.
(E) Confirmation, which includes confirmation of the critical role
of participants and their families in making decisions in their own
lives and designing and operating the system that they rely on.
SEC. 188. Section 5848.5 of the Welfare and Institutions Code is
amended to read:
5848.5. (a) The Legislature finds and declares all of the
following:
(1) California has realigned public community mental health
services to counties and it is imperative that sufficient
community-based resources be available to meet the mental health
needs of eligible individuals.
(2) Increasing access to effective outpatient and crisis
stabilization services provides an opportunity to reduce costs
associated with expensive inpatient and emergency room care and to
better meet the needs of individuals with mental health disorders in
the least restrictive manner possible.
(3) Almost one-fifth of people with mental health disorders visit
a hospital emergency room at least once per year. If an adequate
array of crisis services is not available, it leaves an individual
with little choice but to access an emergency room for assistance
and, potentially, an unnecessary inpatient hospitalization.
(4) Recent reports have called attention to a continuing problem
of inappropriate and unnecessary utilization of hospital emergency
rooms in California due to limited community-based services for
individuals in psychological distress and acute psychiatric crisis.
Hospitals report that 70 percent of people taken to emergency rooms
for psychiatric evacuation can be stabilized and transferred to a
less intensive level of crisis care. Law enforcement personnel report
that their personnel need to stay with people in the emergency room
waiting area until a placement is found, and that less intensive
levels of care tend not to be available.
(5) Comprehensive public and private partnerships at both local
and regional levels, including across physical health services,
mental health, substance use disorder, law enforcement, social
services, and related supports, are necessary to develop and maintain
high quality, patient-centered, and cost-effective care for
individuals with mental health disorders that facilitates their
recovery and leads towards wellness.
(6) The recovery of individuals with mental health disorders is
important for all levels of government, business, and the local
community.
(b) This section shall be known, and may be cited, as the
Investment in Mental Health Wellness Act of 2013. The objectives of
this section are to do all of the following:
(1) Expand access to early intervention and treatment services to
improve the client experience, achieve recovery and wellness, and
reduce costs.
(2) Expand the continuum of services to address crisis
intervention, crisis stabilization, and crisis residential treatment
needs that are wellness, resiliency, and recovery oriented.
(3) Add at least 25 mobile crisis support teams and at least 2,000
crisis stabilization and crisis residential treatment beds to
bolster capacity at the local level to improve access to mental
health crisis services and address unmet mental health care needs.
(4) Add at least 600 triage personnel to provide intensive case
management and linkage to services for individuals with mental health
care disorders at various points of access, such as at designated
community-based service points, homeless shelters, and clinics.
(5) Reduce unnecessary hospitalizations and inpatient days by
appropriately utilizing community-based services and improving access
to timely assistance.
(6) Reduce recidivism and mitigate unnecessary expenditures of
local law enforcement.
(7) Provide local communities with increased financial resources
to leverage additional public and private funding sources to achieve
improved networks of care for individuals with mental health
disorders.
(c) Through appropriations provided in the annual Budget Act for
this purpose, it is the intent of the Legislature to authorize the
California Health Facilities Financing Authority, hereafter referred
to as the authority, and the Mental Health Services Oversight and
Accountability Commission, hereafter referred to as the commission,
to administer competitive selection processes as provided in this
section for capital capacity and program expansion to increase
capacity for mobile crisis support, crisis intervention, crisis
stabilization services, crisis residential treatment, and specified
personnel resources.
(d) Funds appropriated by the Legislature to the authority for
the purposes of this section shall be made
available to selected counties, or counties acting jointly. The
authority may, at its discretion, also give consideration to private
nonprofit corporations and public agencies in an area or region of
the state if a county, or counties acting jointly, affirmatively
supports this designation and collaboration in lieu of a county
government directly receiving grant funds.
(1) Grant awards made by the authority shall be used to expand
local resources for the development, capital, equipment acquisition,
and applicable program startup or expansion costs to increase
capacity for client assistance and services in the following areas:
(A) Crisis intervention, as authorized by Sections 14021.4, 14680,
and 14684.
(B) Crisis stabilization, as authorized by Sections 14021.4,
14680, and 14684.
(C) Crisis residential treatment, as authorized by Sections
14021.4, 14680, and 14684.
(D) Rehabilitative mental health services, as authorized by
Sections 14021.4, 14680, and 14684.
(E) Mobile crisis support teams, including personnel and
equipment, such as the purchase of vehicles.
(2) The authority shall develop selection criteria to expand local
resources, including those described in paragraph (1), and processes
for awarding grants after consulting with representatives and
interested stakeholders from the mental health community, including,
but not limited to, county mental health directors, service
providers, consumer organizations, and other appropriate interests,
such as health care providers and law enforcement, as determined by
the authority. The authority shall ensure that grants result in
cost-effective expansion of the number of community-based crisis
resources in regions and communities selected for funding. The
authority shall also take into account at least the following
criteria and factors when selecting recipients of grants and
determining the amount of grant awards:
(A) Description of need, including, at a minimum, a comprehensive
description of the project, community need, population to be served,
linkage with other public systems of health and mental health care,
linkage with local law enforcement, social services, and related
assistance, as applicable, and a description of the request for
funding.
(B) Ability to serve the target population, which includes
individuals eligible for Medi-Cal and individuals eligible for county
health and mental health services.
(C) Geographic areas or regions of the state to be eligible for
grant awards, which may include rural, suburban, and urban areas, and
may include use of the five regional designations utilized by the
California Mental Health Directors Association.
(D) Level of community engagement and commitment to project
completion.
(E) Financial support that, in addition to a grant that may be
awarded by the authority, will be sufficient to complete and operate
the project for which the grant from the authority is awarded.
(F) Ability to provide additional funding support to the project,
including public or private funding, federal tax credits and grants,
foundation support, and other collaborative efforts.
(G) Memorandum of understanding among project partners, if
applicable.
(H) Information regarding the legal status of the collaborating
partners, if applicable.
(I) Ability to measure key outcomes, including improved access to
services, health and mental health outcomes, and cost benefit of the
project.
(3) The authority shall determine maximum grants awards, which
shall take into consideration the number of projects awarded to the
grantee, as described in paragraph (1), and shall reflect reasonable
costs for the project and geographic region. The authority may
allocate a grant in increments contingent upon the phases of a
project.
(4) Funds awarded by the authority pursuant to this section may be
used to supplement, but not to supplant, existing financial and
resource commitments of the grantee or any other member of a
collaborative effort that has been awarded a grant.
(5) All projects that are awarded grants by the authority shall be
completed within a reasonable period of time, to be determined by
the authority. Funds shall not be released by the authority until the
applicant demonstrates project readiness to the authority's
satisfaction. If the authority determines that a grant recipient has
failed to complete the project under the terms specified in awarding
the grant, the authority may require remedies, including the return
of all or a portion of the grant.
(6) A grantee that receives a grant from the authority under this
section shall commit to using that capital capacity and program
expansion project, such as the mobile crisis team, crisis
stabilization unit, or crisis residential treatment program, for the
duration of the expected life of the project.
(7) The authority may consult with a technical assistance entity,
as described in paragraph (5) of subdivision (a) of Section 4061
of the Welfare and Institutions Code , for
the purposes of implementing this section.
(8) The authority may adopt emergency regulations relating to the
grants for the capital capacity and program expansion projects
described in this section, including emergency regulations that
define eligible costs and determine minimum and maximum grant
amounts.
(9) The authority shall provide reports to the fiscal and policy
committees of the Legislature on or before May 1, 2014, and on
or before May 1, 2015, on the progress of implementation, that
includes, but are not limited to, the following:
(A) A description of each project awarded funding.
(B) The amount of each grant issued.
(C) A description of other sources of funding for each project.
(D) The total amount of grants issued.
(E) A description of project operation and implementation,
including who is being served.
(10) A recipient of a grant provided pursuant to paragraph (1)
shall adhere to all applicable laws relating to scope of practice,
licensure, certification, staffing, and building codes.
(e) Funds appropriated by the Legislature to the commission for
the purposes of this section shall be allocated
for triage personnel to provide intensive case management and linkage
to services for individuals with mental health disorders at various
points of access. These funds shall be made available to selected
counties, counties acting jointly, or city mental health departments,
as determined by the commission through a selection process. It is
the intent of the Legislature for these funds to be allocated in an
efficient manner to encourage early intervention and receipt of
needed services for individuals with mental health disorders, and to
assist in navigating the local service sector to improve efficiencies
and the delivery of services.
(1) Triage personnel may provide targeted case management services
face to face, by telephone, or by telehealth with the individual in
need of assistance or his or her significant support person, and may
be provided anywhere in the community. These service activities may
include, but are not limited to, the following:
(A) Communication, coordination, and referral.
(B) Monitoring service delivery to ensure the individual accesses
and receives services.
(C) Monitoring the individual's progress.
(D) Providing placement service assistance and service plan
development.
(2) The commission shall take into account at least the following
criteria and factors when selecting recipients and determining the
amount of grant awards for triage personnel as follows:
(A) Description of need, including potential gaps in local service
connections.
(B) Description of funding request, including personnel and use of
peer support.
(C) Description of how triage personnel will be used to facilitate
linkage and access to services, including objectives and anticipated
outcomes.
(D) Ability to obtain federal Medicaid reimbursement, when
applicable.
(E) Ability to administer an effective service program and the
degree to which local agencies and service providers will support and
collaborate with the triage personnel effort.
(F) Geographic areas or regions of the state to be eligible for
grant awards, which shall include rural, suburban, and urban areas,
and may include use of the five regional designations utilized by the
California Mental Health Directors Association.
(3) The commission shall determine maximum grant awards, and shall
take into consideration the level of need, population to be served,
and related criteria, as described in paragraph (2), and shall
reflect reasonable costs.
(4) Funds awarded by the commission for purposes of this section
may be used to supplement, but not supplant, existing financial and
resource commitments of the county, counties acting jointly, or city
mental health department that received the grant.
(5) Notwithstanding any other law, a county, counties acting
jointly, or city mental health department that receives an award of
funds for the purpose of supporting triage personnel pursuant to this
subdivision is not required to provide a matching contribution of
local funds.
(6) Notwithstanding any other law, the commission, without taking
any further regulatory action, may implement, interpret, or make
specific this section by means of informational letters, bulletins,
or similar instructions.
(7) The commission shall provide a status report to the fiscal and
policy committees of the Legislature on the progress of
implementation no later than March 1, 2014.
SEC. 189. Section 6604.9 of the Welfare and Institutions Code is
amended to read:
6604.9. (a) A person found to be a sexually violent predator and
committed to the custody of the State Department of State Hospitals
shall have a current examination of his or her mental condition made
at least once every year. The report shall be in the form of a
declaration and shall be prepared by a professionally qualified
person. The person may retain or, if he or she is indigent and so
requests, the court may appoint, a qualified expert or professional
person to examine him or her, and the expert or professional person
shall have access to all records concerning the person.
(b) The annual report shall include consideration of whether the
committed person currently meets the definition of a sexually violent
predator and whether conditional release to a less restrictive
alternative, pursuant to Section 6608, or an unconditional discharge,
pursuant to Section 6605, is in the best interest of the person and
conditions can be imposed that would adequately protect the
community.
(c) The State Department of State Hospitals shall file this
periodic report with the court that committed the person under this
article. A copy of the report shall be served on the prosecuting
agency involved in the initial commitment and upon the committed
person.
(d) If the State Department of State Hospitals determines that
either: (1) the person's condition has so changed that the person no
longer meets the definition of a sexually violent predator and
should, therefor, therefore, be
considered for unconditional discharge, or (2) conditional release to
a less restrictive alternative is in the best interest of the person
and conditions can be imposed that adequately protect the community,
the director shall authorize the person to petition the court for
conditional release to a less restrictive alternative or for an
unconditional discharge. The petition shall be filed with the court
and served upon the prosecuting agency responsible for the initial
commitment.
(e) The court, upon receipt of the petition for conditional
release to a less restrictive alternative, shall consider the
petition using procedures described in Section 6608.
(f) The court, upon receiving a petition for unconditional
discharge, shall order a show cause hearing, pursuant to the
provisions of Section 6605, at which the court may consider the
petition and any accompanying documentation provided by the medical
director, the prosecuting attorney, or the committed person.
SEC. 190. Section 8103 of the Welfare and Institutions Code is
amended to read:
8103. (a) (1) No A person who
, after October 1, 1955, has been adjudicated by a court of
any state to be a danger to others as a result of a mental disorder
or mental illness, or who has been adjudicated to be a mentally
disordered sex offender, shall not purchase or receive, or
attempt to purchase or receive, or have in his or her possession,
custody, or control any firearm or any other deadly weapon unless
there has been issued to the person a certificate by the court of
adjudication upon release from treatment or at a later date stating
that the person may possess a firearm or any other deadly weapon
without endangering others, and the person has not, subsequent to the
issuance of the certificate, again been adjudicated by a court to be
a danger to others as a result of a mental disorder or mental
illness.
(2) The court shall notify the Department of Justice of the court
order finding the individual to be a person described in paragraph
(1) as soon as possible, but not later than two court days after
issuing the order. The court shall also notify the Department of
Justice of any certificate issued as described in paragraph (1) as
soon as possible, but not later than two court days after issuing the
certificate.
(b) (1) No A person who
has been found, pursuant to Section 1026 of the Penal Code or the law
of any other state or the United States, not guilty by reason of
insanity of murder, mayhem, a violation of Section 207, 209, or 209.5
of the Penal Code in which the victim suffers intentionally
inflicted great bodily injury, carjacking or robbery in which the
victim suffers great bodily injury, a violation of Section 451 or 452
of the Penal Code involving a trailer coach, as defined in Section
635 of the Vehicle Code, or any dwelling house, a violation of
paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph
(2) or (3) of subdivision (a) of Section 261 of the Penal Code, a
violation of Section 459 of the Penal Code in the first degree,
assault with intent to commit murder, a violation of Section 220 of
the Penal Code in which the victim suffers great bodily injury, a
violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of
the Penal Code, or of a felony involving death, great bodily injury,
or an act which that poses a serious
threat of bodily harm to another person, or a violation of the law of
any other state or the United States that includes all the elements
of any of the above felonies as defined under California law, shall
not purchase or receive, or attempt to purchase or
receive, or have in his or her possession or under his or her custody
or control any firearm or any other deadly weapon.
(2) The court shall notify the Department of Justice of the court
order finding the person to be a person described in paragraph (1) as
soon as possible, but not later than two court days after issuing
the order.
(c) (1) No A person who has been
found, pursuant to Section 1026 of the Penal Code or the law of any
other state or the United States, not guilty by reason of insanity of
any crime other than those described in subdivision (b) shall
not purchase or receive, or attempt to purchase or receive, or
shall not have in his or her possession, custody, or
control any firearm or any other deadly weapon unless the court of
commitment has found the person to have recovered sanity, pursuant to
Section 1026.2 of the Penal Code or the law of any other state or
the United States.
(2) The court shall notify the Department of Justice of the court
order finding the person to be a person described in paragraph (1) as
soon as possible, but not later than two court days after issuing
the order. The court shall also notify the Department of Justice when
it finds that the person has recovered his or her sanity as soon as
possible, but not later than two court days after making the finding.
(d) (1) No A person found by a court
to be mentally incompetent to stand trial, pursuant to Section 1370
or 1370.1 of the Penal Code or the law of any other state or the
United States, shall not purchase or receive, or attempt
to purchase or receive, or shall not have in his or her
possession, custody, or control, any firearm or any other deadly
weapon, unless there has been a finding with
respect to the person of restoration to competence
to stand trial by the committing court, pursuant to Section 1372 of
the Penal Code or the law of any other state or the United States.
(2) The court shall notify the Department of Justice of the court
order finding the person to be mentally incompetent as described in
paragraph (1) as soon as possible, but not later than two court days
after issuing the order. The court shall also notify the Department
of Justice when , if it finds that the
person has recovered his or her competence , as soon as
possible, but not later than two court days after making the finding.
(e) (1) No A person who has been
placed under conservatorship by a court, pursuant to Section 5350 or
the law of any other state or the United States, because the person
is gravely disabled as a result of a mental disorder or impairment by
chronic alcoholism, shall not purchase or receive, or
attempt to purchase or receive, or shall not have in his
or her possession, custody, or control, any firearm or any other
deadly weapon while under the conservatorship if, at the time the
conservatorship was ordered or thereafter, the court which
that imposed the conservatorship found that
possession of a firearm or any other deadly weapon by the person
would present a danger to the safety of the person or to others. Upon
placing any person under conservatorship,
conservatorship and prohibiting firearm or any other deadly
weapon possession by the person, the court shall notify the person of
this prohibition.
(2) The court shall notify the Department of Justice of the court
order placing the person under conservatorship and prohibiting
firearm or any other deadly weapon possession by the person as
described in paragraph (1) as soon as possible, but not later than
two court days after placing the person under conservatorship. The
notice shall include the date the conservatorship was imposed and the
date the conservatorship is to be terminated. If the conservatorship
is subsequently terminated before the date listed in the notice to
the Department of Justice or the court subsequently finds that
possession of a firearm or any other deadly weapon by the person
would no longer present a danger to the safety of the person or
others, the court shall notify the Department of Justice as soon as
possible, but not later than two court days after terminating the
conservatorship.
(3) All information provided to the Department of Justice pursuant
to paragraph (2) shall be kept confidential, separate, and apart
from all other records maintained by the Department of Justice, and
shall be used only to determine eligibility to purchase or possess
firearms or other deadly weapons. Any person who knowingly furnishes
that information for any other purpose is guilty of a misdemeanor.
All the information concerning any person shall be
destroyed upon receipt by the Department of Justice of notice of the
termination of conservatorship as to that person pursuant to
paragraph (2).
(f) (1) No A person who has been (A)
taken into custody as provided in Section 5150 because that person
is a danger to himself, herself, or to others, (B) assessed within
the meaning of Section 5151, and (C) admitted to a designated
facility within the meaning of Sections 5151 and 5152 because that
person is a danger to himself, herself, or others, shall not
own, possess, control, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any firearm for a period of
five years after the person is released from the facility. A person
described in the preceding sentence, however, may own, possess,
control, receive, or purchase, or attempt to own, possess, control,
receive, or purchase any firearm if the superior court has, pursuant
to paragraph (5), found that the people of the State of California
have not met their burden pursuant to paragraph (6).
(2) (A) For each person subject to this subdivision, the facility
shall, within 24 hours of the time of admission, submit a report to
the Department of Justice, on a form prescribed by the Department of
Justice, containing information that includes, but is not limited to,
the identity of the person and the legal grounds upon which the
person was admitted to the facility.
Any facility. A report submitted
pursuant to this paragraph shall be confidential, except for purposes
of the court proceedings described in this subdivision and for
determining the eligibility of the person to own, possess, control,
receive, or purchase a firearm.
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge, the facility
shall inform a person subject to this subdivision that he or she is
prohibited from owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years. Simultaneously,
the facility shall inform the person that he or she may request a
hearing from a court, as provided in this subdivision, for an order
permitting the person to own, possess, control, receive, or purchase
a firearm. The facility shall provide the person with a form for a
request for a hearing. The Department of Justice shall prescribe the
form. Where the person requests a hearing at the time of discharge,
the facility shall forward the form to the superior court unless the
person states that he or she will submit the form to the superior
court.
(4) The Department of Justice shall provide the form upon request
to any person described in paragraph (1). The Department of Justice
shall also provide the form to the superior court in each county. A
person described in paragraph (1) may make a single request for a
hearing at any time during the five-year period. The request for
hearing shall be made on the form prescribed by the department or in
a document that includes equivalent language.
(5) Any person who is subject to paragraph (1) who has requested a
hearing from the superior court of his or her county of residence
for an order that he or she may own, possess, control, receive, or
purchase firearms shall be given a hearing. The clerk of the court
shall set a hearing date and notify the person, the Department of
Justice, and the district attorney. The people of the State of
California shall be the plaintiff in the proceeding and shall be
represented by the district attorney. Upon motion of the district
attorney, or on its own motion, the superior court may transfer the
hearing to the county in which the person resided at the time of his
or her detention, the county in which the person was detained, or the
county in which the person was evaluated or treated. Within seven
days after the request for a hearing, the Department of Justice shall
file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The court shall set the hearing
within 30 days of receipt of the request for a hearing. Upon showing
good cause, the district attorney shall be entitled to a continuance
not to exceed 14 days after the district attorney was notified of the
hearing date by the clerk of the court. If additional continuances
are granted, the total length of time for continuances shall not
exceed 60 days. The district attorney may notify the county mental
health director of the hearing who shall provide information about
the detention of the person that may be relevant to the court and
shall file that information with the superior court. That information
shall be disclosed to the person and to the district attorney. The
court, upon motion of the person subject to paragraph (1)
establishing that confidential information is likely to be discussed
during the hearing that would cause harm to the person, shall conduct
the hearing in camera with only the relevant parties present, unless
the court finds that the public interest would be better served by
conducting the hearing in public. Notwithstanding any other law,
declarations, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code shall be admissible at the
hearing under this section.
(6) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.
(7) If the court finds at the hearing set forth in paragraph (5)
that the people have not met their burden as set forth in paragraph
(6), the court shall order that the person shall not be subject to
the five-year prohibition in this section on the ownership, control,
receipt, possession, or purchase of firearms, and that person shall
comply with the procedure described in Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code
for the return of any firearms. A copy of the order shall be
submitted to the Department of Justice. Upon receipt of the order,
the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
(8) Where the district attorney declines or fails to go forward in
the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision on
the ownership, control, receipt, possession, or purchase of firearms.
A copy of the order shall be submitted to the Department of Justice.
Upon receipt of the order, the Department of Justice shall, within
15 days, delete any reference to the prohibition against firearms
from the person's state mental health firearms prohibition system
information, and that person shall comply with the procedure
described in Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6 of the Penal Code for the return of any
firearms.
(9) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of
persons to own, possess, control, receive, or purchase a firearm if
the person is the subject of a criminal investigation, a part of
which involves the ownership, possession, control, receipt, or
purchase of a firearm.
(g) (1) No A person who has been
certified for intensive treatment under Section 5250, 5260, or
5270.15 shall not own, possess, control, receive, or
purchase, or attempt to own, possess, control, receive, or purchase,
any firearm for a period of five years.
Any years. A person who meets the
criteria contained in subdivision (e) or (f) who is released from
intensive treatment shall nevertheless, if applicable, remain subject
to the prohibition contained in subdivision (e) or (f).
(2) (A) For each person certified for intensive treatment under
paragraph (1), the facility shall, within 24 hours of the
certification, submit a report to the Department of Justice, on a
form prescribed by the department, containing information regarding
the person, including, but not limited to, the legal identity of the
person and the legal grounds upon which the person was certified. Any
report submitted pursuant to this paragraph shall only be used for
the purposes specified in paragraph (2) of
subdivision (f).
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge of each person
certified for intensive treatment under paragraph (1), the facility
shall inform the person of that information specified in paragraph
(3) of subdivision (f).
(4) Any A person who is subject to
paragraph (1) may petition the superior court of his or her county of
residence for an order that he or she may own, possess, control,
receive, or purchase firearms. At the time the petition is filed, the
clerk of the court shall set a hearing date and notify the person,
the Department of Justice, and the district attorney. The people of
the State of California shall be the respondent in the proceeding and
shall be represented by the district attorney. Upon motion of the
district attorney, or on its own motion, the superior court may
transfer the petition to the county in which the person resided at
the time of his or her detention, the county in which the person was
detained, or the county in which the person was evaluated or treated.
Within seven days after receiving notice of the petition, the
Department of Justice shall file copies of the reports described in
this section with the superior court. The reports shall be disclosed
upon request to the person and to the district attorney. The district
attorney shall be entitled to a continuance of the hearing to a date
of not less than 14 days after the district attorney was notified of
the hearing date by the clerk of the court. The district attorney
may notify the county mental health director of the petition, and the
county mental health director shall provide information about the
detention of the person that may be relevant to the court and shall
file that information with the superior court. That information shall
be disclosed to the person and to the district attorney. The court,
upon motion of the person subject to paragraph (1) establishing that
confidential information is likely to be discussed during the hearing
that would cause harm to the person, shall conduct the hearing in
camera with only the relevant parties present, unless the court finds
that the public interest would be better served by conducting the
hearing in public. Notwithstanding any other provision of
law, any declaration, police reports, including criminal
history information, and any other material and relevant evidence
that is not excluded under Section 352 of the Evidence Code, shall be
admissible at the hearing under this section. If the court finds by
a preponderance of the evidence that the person would be likely to
use firearms in a safe and lawful manner, the court may order that
the person may own, control, receive, possess, or purchase firearms,
and that person shall comply with the procedure described in Chapter
2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6
of the Penal Code for the return of any firearms. A copy of the
order shall be submitted to the Department of Justice. Upon receipt
of the order, the Department of Justice shall delete any reference to
the prohibition against firearms from the person's state mental
health firearms prohibition system information.
(h) (1) For all persons identified in subdivisions (f) and (g),
facilities shall report to the Department of Justice as specified in
those subdivisions, except facilities shall not report persons under
subdivision (g) if the same persons previously have been reported
under subdivision (f).
(2) Additionally, all facilities shall report to the Department of
Justice upon the discharge of persons from
for whom reports have been submitted pursuant to subdivision
(f) or (g). However, a report shall not be filed for persons who are
discharged within 31 days after the date of admission.
(i) Every person who owns or possesses or has under his or her
custody or control, or purchases or receives, or attempts to purchase
or receive, any firearm or any other deadly weapon in violation of
this section shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code or in a county jail
for not more than one year.
(j) "Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100.
(k) Any notice or report required to be submitted to the
Department of Justice pursuant to this section shall be submitted in
an electronic format, in a manner prescribed by the Department of
Justice.
SEC. 191. Section 11400 of the Welfare and Institutions Code is
amended to read:
11400. For the purposes of this article, the
following definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residence of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that accepts children in need of care and supervision in a group
home, as defined by paragraph (13) of subdivision (a) of Section 1502
of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the nonminor's and
social worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or who
is a nonminor under the transition jurisdiction of the juvenile
court, as described in Section 450, and who satisfies all
of the following
criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014, and as described in Section 10103.5.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent supervised setting, as specified in a
nonminor dependent's transitional independent living case plan, in
which the youth is living independently, pursuant to Section 472(c)
(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, a child's case plan submitted for the last review
hearing held before he or she reaches 18 years of age or the nonminor
dependent's case plan, updated every six months, that describes the
goals and objectives of how the nonminor will make progress in the
transition to living independently and assume incremental
responsibility for adult decisionmaking, the collaborative efforts
between the nonminor and the social worker, probation officer, or
Indian tribal placing entity and the supportive services as described
in the transitional independent living plan (TILP) to ensure active
and meaningful participation in one or more of the eligibility
criteria described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an
order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
(ac) "Transition dependent" is a minor between 17 years and five
months and 18 years of age who is subject to the court's transition
jurisdiction under Section 450.
SEC. 192. Section 11450.025 of the Welfare and Institutions Code
is amended to read:
11450.025. (a) Notwithstanding any other law, effective on March
1, 2014, the maximum aid payments in effect on July 1, 2012, as
specified in subdivision (b) of Section 11450.02, shall be increased
by 5 percent.
(b) Commencing in 2014 and annually thereafter, on or before
January 10 and on or before May 14, the Director of Finance shall do
all of the following:
(1) Estimate the amount of growth revenues pursuant to subdivision
(f) of Section 17606.10 that will be deposited in the Child Poverty
and Family Supplemental Support Subaccount of the Local Revenue Fund
for the current fiscal year and the following fiscal year and the
amounts in the subaccount carried over from prior fiscal years.
(2) For the current fiscal year and the following fiscal year,
determine the total cost of providing the increase described in
subdivision (a), as well as any other increase in the maximum aid
payments subsequently provided only under this section, after
adjusting for updated projections of CalWORKs costs associated with
caseload changes, as reflected in the local assistance subvention
estimates prepared by the State Department of Social Services and
released with the annual Governor's Budget and subsequent May
Revision update.
(3) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant to
subparagraph paragraph (3) of
subdivision (e) of Section 17600.15 is greater than the amount
determined in paragraph (2), the difference shall be used to
calculate the percentage increase to the CalWORKs maximum aid payment
standards that could be fully funded on an ongoing basis beginning
the following fiscal year.
(4) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant to
subparagraph paragraph (3) of
subdivision (e) of Section 17600.15 is equal to or less than the
amount determined in paragraph (2), no additional increase to the
CalWORKs maximum aid payment standards shall be provided in the
following fiscal year in accordance with this section.
(5) (A) Commencing with the 2014-15 fiscal year and for all fiscal
years thereafter, if changes to the estimated amounts determined in
paragraphs (1) or (2), or both, as of the May Revision, are enacted
as part of the final budget, the Director of Finance shall repeat,
using the same methodology used in the May Revision, the calculations
described in paragraphs (3) and (4) using the revenue projections
and grant costs assumed in the enacted budget.
(B) If a calculation is required pursuant to subparagraph (A), the
Department of Finance shall report the result of this calculation to
the appropriate policy and fiscal committees of the Legislature upon
enactment of the Budget Act.
(c) An increase in maximum aid payments calculated pursuant to
paragraph (3) of subdivision (b), (b)
or pursuant to paragraph (5) of subdivision (b) , if
applicable, shall become effective on October 1 of the following
fiscal year.
(d) (1) An increase in maximum aid payments provided in accordance
with this section shall be funded with growth revenues from the
Child Poverty and Family Supplemental Support Subaccount in
accordance with paragraph (3) of subdivision (e) of Section 17600.15
and subdivision (f) of Section 17606.10, to the extent funds are
available in that subaccount.
(2) If funds received by the Child Poverty and Family Supplemental
Support Subaccount in a particular fiscal year are insufficient to
fully fund any increases to maximum aid payments made pursuant to
this section, the remaining cost for that fiscal year will be
addressed through existing provisional authority included in the
annual Budget Act. Additional grant increases shall not be provided
until and unless the ongoing cumulative costs of all prior grant
increases provided pursuant to this section are fully funded by the
Child Poverty and Family Supplemental Support Subaccount.
(e) Notwithstanding Section 15200, counties shall not be required
to contribute a share of cost to cover the costs of increases to
maximum aid payments made pursuant to this section.
SEC. 193. Section 14005.30 of the Welfare and Institutions Code is
amended to read:
14005.30. (a) Medi-Cal benefits under this chapter shall be
provided to individuals eligible for services under Section 1396u-1
of Title 42 of the United States Code.
(b) (1) When determining eligibility under this section, an
applicant's or beneficiary's income and resources shall be
determined, counted, and valued in accordance with the requirements
of Section 1396a(e)(14) of Title 42 of the United States Code, as
added by the ACA.
(2) When determining eligibility under this section, an applicant'
s or beneficiary's assets shall not be considered and deprivation
shall not be a requirement for eligibility.
(c) For purposes of calculating income under this section during
any calendar year, increases in social security benefit payments
under Title II of the federal Social Security Act (42 U.S.C. Sec. 401
et seq.) arising from cost-of-living adjustments shall be
disregarded commencing in the month that these social security
benefit payments are increased by the cost-of-living adjustment
through the month before the month in which a change in the federal
poverty level requires the department to modify the income disregard
pursuant to this subdivision (c) and in
which new income limits for the program established by this section
are adopted by the department.
(d) The MAGI-based income eligibility standard applied under this
section shall conform with the maintenance of effort requirements of
Sections 1396a(e)(14) and 1396a(gg) of Title 42 of the United States
Code, as added by the ACA.
(e) For purposes of this section, the following definitions shall
apply:
(1) "ACA" means the federal Patient Protection and Affordable
Care Act (Public Law 111-148), as originally enacted and as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152) and any subsequent amendments.
(2) "MAGI-based income" means income calculated using the
financial methodologies described in Section 1396a(e)(14) of Title 42
of the United States Code, as added by the federal Patient
Protection and Affordable Care Act (Public Law 111-148) and as
amended by the federal Health Care and Education Reconciliation Act
of 2010 (Public Law 111-152) and any subsequent amendments.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, or make specific this section by
means of all-county letters, plan letters, plan or provider
bulletins, or similar instructions until the time any necessary
regulations are adopted. The department shall adopt regulations by
July 1, 2017, in accordance with the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. Beginning six months after the effective date
of this section, and notwithstanding Section 10231.5 of the
Government Code, the department shall provide a status report to the
Legislature on a semiannual basis, in compliance with Section 9795 of
the Government Code, until regulations have been adopted.
(g) This section shall be implemented only if and to the extent
that federal financial participation is available and any necessary
federal approvals have been obtained.
(h) This section shall become operative on January 1, 2014.
SEC. 194. Section 14005.65 of the Welfare and Institutions Code is
amended to read:
14005.65. (a) The department shall file a state plan amendment to
exercise the federal option under subdivision (h) of Section 435.603
of Title 42 of the Code of Federal Regulations to allow
beneficiaries to use projected annual household income and to allow
applicants and beneficiaries to use reasonably predictable annual
income as set forth in this section when determining their
eligibility for Medi-Cal benefits.
(b) (1) Beneficiaries shall be allowed to use projected annual
household income to establish eligibility for Medi-Cal benefits for
the remainder of the calendar year in which that projected income is
used to determine eligibility if the current monthly income would
render the beneficiary ineligible due to an increase in income.
(2) If projected annual household income has been used by the
beneficiary, the department shall redetermine the beneficiary's
Medi-Cal benefits at the end of the calendar year.
(c) (1) Applicants and beneficiaries shall be allowed to use
reasonably predictable annual income to establish eligibility for
Medi-Cal benefits.
(2) Before being allowed to use reasonably predictable annual
income pursuant to establishing to establish
eligibility for Medi-Cal benefits, the applicant or beneficiary
shall provide the department with adequate evidence of the predicted
change, including, but not limited to, a signed contract for
employment, clear proof of a history of predictable fluctuations in
income, or other clear indicia of such future changes in income.
(d) This section shall be implemented only if and to the extent
that federal financial participation is available and any necessary
federal approvals have been obtained.
(e) This section shall become operative on January 1, 2014.
SEC. 195. Section 14007.1 of the Welfare and Institutions Code is
amended to read:
14007.1. (a) The department shall electronically verify an
individual's state residency using information from the federal
Supplemental Nutrition Assistance Program, the CalWORKs program, the
California Health Benefit Exchange, the Franchise Tax Board, the
Department of Motor Vehicles, the Employment Development Department,
or the electronic service established in accordance with Section
435.949 of Title 42 of the Code of Federal Regulations, and other
available sources. If the department is unable to electronically
verify an individual's state residency using these electronic data
sources, an individual shall verify state residency as set forth in
this section.
(b) If the individual is 21 years of age or older, is capable of
indicating intent, and is not residing in an institution, state
residency is established when the individual provides one of the
following:
(1) A recent California rent or mortgage receipt or utility bill
in the individual's name.
(2) A current California motor vehicle driver's license or
California Identification Card issued by the Department of Motor
Vehicles in the individual's name.
(3) A current California motor vehicle registration in the
individual's name.
(4) A document showing that the individual is employed in this
state or is seeking employment in the state.
(5) A document showing that the individual has registered with a
public or private employment service in this state.
(6) Evidence that the individual has enrolled his or her children
in a school in this state.
(7) Evidence that the individual is receiving public assistance in
this state. For purposes of this paragraph, "public assistance"
shall not include unemployment insurance benefits.
(8) Evidence of registration to vote in this state.
(9) A declaration by the individual under penalty of perjury that
he or she intends to reside in this state and does not have a fixed
address and cannot provide any of the documents identified in
paragraphs (1) to (8), inclusive.
(10) A declaration by the individual under penalty of perjury that
he or she has entered the state with a job commitment or is seeking
employment in the state and cannot provide any of the documents
identified in paragraphs (1) to (8), inclusive.
(c) If the individual is 21 years of age or older, is incapable of
indicating intent, and is not residing in an institution, state
residency is established when the parent, legal guardian of the
individual, or any other person with knowledge declares, under
penalty of perjury, that the individual is residing in this state.
(d) If the individual is 21 years of age or older, is residing in
an institution, and became incapable of indicating intent before
reaching 21 years of age, state residency is established by any of
the following:
(1) When the parent applying for Medi-Cal on the individual's
behalf (A) declares under penalty of perjury that the individual's
parents reside in separate states and (B) establishes that he or she
(the parent) is a resident of this state in accordance with the
requirements of this section.
(2) When the legal guardian applying for Medi-Cal on the
individual's behalf (A) declares under penalty of perjury that
parental rights have been terminated and (B) establishes that he or
she (the legal guardian) is a resident of this state in accordance
with the requirements of this section.
(3) When the parent or parents applying for Medi-Cal on the
individual's behalf establishes in accordance with the requirements
of this section that he, she, or they (the parent or parents), were a
resident of this state at the time the individual was placed in the
institution.
(4) When the legal guardian applying for Medi-Cal on the
individual's behalf (A) declares under penalty of perjury that
parental rights have been terminated and (B) establishes in
accordance with the requirements of this section that he or she (the
legal guardian) was a resident of this state at the time the
individual was placed in the institution.
(5) When the parent, or parents, applying for Medi-Cal on the
individual's behalf (A) provides a document from the institution that
demonstrates that the individual is institutionalized in this state
and (B) establishes in accordance with the requirements of this
section that he, she, or they (the parent or parents), are a resident
of this state.
(6) When the legal guardian applying for Medi-Cal on the
individual's behalf (A) provides a document from the institution that
demonstrates that the individual is institutionalized in this state,
(B) declares under penalty of perjury that parental rights have been
terminated, and (C) establishes in accordance with the requirements
of this section that he or she (the legal guardian) is a resident of
this state.
(7) When the individual or party applying for Medi-Cal on the
individual's behalf (A) provides a document from the institution that
demonstrates that the individual is institutionalized in this state,
(B) declares under penalty of perjury that the individual has been
abandoned by his or her parents and does not have a legal guardian,
and (C) establishes that he or she (the individual or party applying
for Medi-Cal on the individual's behalf) is a resident of this state
in accordance with the requirements of this section.
(e) Except when another state has placed the individual in the
institution, if the individual is 21 years of age or older, is
residing in an institution, and became incapable of indicating intent
on or after reaching 21 years of age, state residency is established
when the person filing the application on the individual's behalf
provides a document from the institution that demonstrates that the
individual is institutionalized in this state.
(f) If the individual is 21 years of age or older, is capable of
indicating intent, and is residing in an institution, state residency
is established when the individual (1) provides a document from the
institution that demonstrates that the individual is
institutionalized in this state, and (2) declares under penalty of
perjury that he or she intends to reside in this state.
(g) If the individual is under 21 years of age, is married or
emancipated from his or her parents, is capable of indicating intent,
and is not residing in an institution, state residency is
established in accordance with subdivision (b).
(h) If the individual is under 21 years of age, is not living in
an institution, and is not described in subdivision (g), state
residency is established by any of the following:
(1) When the individual resides with his or her parent or parents
and the parent or parents establish that he, she, or they (the parent
or parents) , as the case may be, are a resident
of this state in accordance with the requirements of subdivision (b).
(2) When the individual resides with a caretaker relative or
caretaker relatives and the caretaker relative
establishes or caretaker relatives establish
that he, she, or they (the caretaker relative or caretaker
relatives), are a resident of this state in accordance with the
requirements of subdivision (b).
(3) When the person with whom the individual is residing is not
the individual's parent or caretaker relative and he or she (A)
declares under penalty of perjury that the individual is residing
with him or her, and (B) establishes that he or she (the person with
whom the individual is residing) is a resident of this state in
accordance with the requirements of subdivision (b).
(4) When the individual does not reside with his or her parents or
with a caretaker relative and he or she declares under penalty of
perjury that he or she is living in this state.
(i) If the individual is under 21 years of age, is
institutionalized, and is not married or emancipated, state residency
is established in accordance with paragraph (3), (4), (5), (6), or
(7) of subdivision (d).
(j) A denial of a determination of residency may be appealed in
the same manner as any other denial of eligibility. The
administrative law judge shall receive any proof of residency offered
by the individual and may inquire into any facts relevant to the
question of residency. A determination of residency shall not be
granted unless a preponderance of the credible evidence supports that
the individual is a resident of this state under Section 14007.15.
(k) To the extent otherwise required by Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, the department shall adopt emergency regulations
implementing this section no later than July 1, 2015. The department
may thereafter readopt the emergency regulations pursuant to that
chapter. The adoption and readoption, by the department, of
regulations implementing this section shall be deemed to be an
emergency and necessary to avoid serious harm to the public peace,
health, safety, or general welfare for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted from the requirement that it describe facts showing the need
for immediate action and from review by the Office of Administrative
Law.
(l) For purposes of this section, the definitions in subdivision
(i) of Section 14007.15 shall apply.
(m) This section shall be implemented only if and to the extent
that federal financial participation is available and any necessary
federal approvals have been obtained.
(n) This section shall become operative on January 1, 2014.
SEC. 196. Section 14132.277 of the Welfare and Institutions Code
is amended to read:
14132.277. (a) For purposes of this section, the following
definitions shall apply:
(1) "Coordinated Care Initiative county" means the Counties of
Alameda, Los Angeles, Orange, Riverside, San Bernardino, San Diego,
San Mateo, and Santa Clara, and any other county identified in
Appendix 3 of the memorandum of understanding between the
state and Memorandum of Understanding Between
the Centers for Medicare and Medicaid Services and the State of
California Regarding A Federal-State Partnership to Test a
Capitated Financial Alignment Model for Medicare-Medicaid Enrollees,
inclusive of all amendments, as authorized by Section 14132.275.
(2) "D-SNP plan" means a Medicare Advantage Special Needs Plan.
(3) "D-SNP contract" means a federal Medicare Improvements for
Patients and Provider Act of 2008 (Public Law 110-275) compliant
contract between the department and a D-SNP plan.
(b) For the 2014 calendar year 2014
, the department shall offer D-SNP contracts to existing D-SNP plans
to continue to provide benefits to their enrollees in their service
areas as approved on January 1, 2013. The director may include in any
D-SNP contract provisions requiring that the D-SNP plan do the
following:
(1) Submit to the department a complete and accurate copy of the
bid submitted by the plan to the federal Centers for
Medicare and Medicaid Services for its D-SNP contract.
(2) Submit to the department copies of all utilization and quality
management reports submitted to the federal Centers for
Medicare and Medicaid Services.
(c) In Coordinated Care Initiative counties, Medicare Advantage
plans and D-SNP plans may continue to enroll beneficiaries in 2014.
In the 2014 calendar year, beneficiaries enrolled in a Medicare
Advantage or D-SNP plan operating in a
Coordinated Care Initiative county shall be
exempt from the enrollment provisions of subparagraph (A) of
paragraph (1) of subdivision (l) of Section 14132.275. Those
beneficiaries may at any time voluntarily choose to disenroll from
their Medicare Advantage or D-SNP plan and enroll in a demonstration
site operating pursuant to subdivision (g) of Section 14132.275. If a
beneficiary chooses to do so, that beneficiary may subsequently
disenroll from the demonstration site and return to fee-for-service
Medicare or to a D-SNP plan or Medicare Advantage plan.
SEC. 197. Section 14182.18 of the Welfare and Institutions Code is
amended to read:
14182.18. (a) It is the intent of the Legislature that both the
managed care plans participating in and providing long-term services
and supports under Sections 14182.16 and 14186.2 and the state have
protections against either significant overpayment or significant
underpayments. Risk corridors are one method of risk sharing that may
limit the financial risk of misaligning the payments associated with
a contract to furnish long-term services and supports pursuant to a
contract under the Coordinated Care Initiative on an at-risk basis.
(b) In Coordinated Care Initiative counties, as defined in
paragraph (1) of subdivision (b) of Section 14182.16, for managed
care health plans providing long-term services and supports, the
department shall include in its contract with those plans risk
corridors designed with the following parameters:
(1) Risk corridors shall apply only to the costs of the
individuals and services identified below:
(A) Health care service costs for full benefit
full-benefit dual eligible beneficiaries , as
defined in paragraph (3) of subdivision (b) of Section 14182.16
, for whom both of the following are true:
(i) The beneficiary is enrolled in the managed care health plan
and the plan's contract covers all Medi-Cal long-term services and
supports.
(ii) The beneficiary is not enrolled in the demonstration project.
(B) Long-term services and supports costs for partial
benefit partial-benefit dual eligible
beneficiaries , as defined in paragraph (7) of subdivision
(b) of Section 14182 14182.16, and
non-dual-eligible beneficiaries who are enrolled in the managed care
health plan and if the plan's contract
covers all Medi-Cal long-term services and supports.
(2) Risk corridors applied to costs of beneficiary services
identified in subparagraph (A) of paragraph (1) shall only be in
place for a period of 24 months starting with the first month in
which both mandatory enrollment of full benefit
full-benefit dual eligible beneficiaries pursuant to
Section 14182.16 and mandatory coverage of all Medi-Cal long-term
services and supports pursuant to Section 14186.2 have occurred.
(3) Risk corridors applied to costs of beneficiary services
identified in subparagraph (B) of paragraph (1) shall only be in
place for a period of 24 months starting with the first month in
which mandatory coverage of all Medi-Cal long-term services and
supports pursuant to Section 14186.2 has occurred.
(4) The risk sharing of the costs of the individuals and services
under this subdivision shall be constructed by the department so that
it is symmetrical with respect to risk and profit, and so that all
of the following apply:
(A) The managed care health plan is fully responsible for all
costs in excess of the capitated rate of the plan up to 1 percent.
(B) The managed care health plan shall fully retain the revenues
paid through the capitated rate in excess of the costs incurred up to
1 percent.
(C) The managed care health plan and the department shall share
responsibility for costs in excess of the capitated rate of the plan
that are greater than 1 percent above the rate but less than 2.5
percent above the rate.
(D) The managed care health plan and the department shall share
the benefit of revenues in excess of the costs incurred that are
greater than 1 percent below the capitated rate of the plan but less
than 2.5 percent below the capitated rate of the plan.
(E) The department shall be fully responsible for all costs in
excess of the capitated rate of the plan that are more than 2.5
percent above the capitated rate of the plan.
(F) The department shall fully retain the revenues paid through
the capitated rate in excess of the costs incurred greater than 2.5
percent below the capitated rate of the plan.
(c) The department shall develop specific contractual language
implementing the requirements of this section and corresponding
details that shall be incorporated into the managed care health plan'
s contract.
(d) This section shall be implemented only to the extent that any
necessary federal approvals or waivers are obtained.
SEC. 198. Section 14186.1 of the Welfare and Institutions Code is
amended to read:
14186.1. For purposes of this article, the following definitions
shall apply unless otherwise specified:
(a) "Coordinated Care Initiative counties" shall have
has the same meaning as that term is defined in
paragraph (1) of subdivision (b) of Section 14182.16.
(b) "Home- and community-based services" means services provided
pursuant to paragraphs (1), (2), and (3) of subdivision (c).
(c) "Long-term services and supports" or "LTSS" means all of the
following:
(1) In-home supportive services (IHSS) provided pursuant to
Article 7 (commencing with Section 12300) of Chapter 3, and Sections
14132.95, 14132.952, and 14132.956.
(2) Community-Based Adult Services (CBAS).
(3) Multipurpose Senior Services Program (MSSP) services ,
which include those services approved under a federal home- and
community-based services waiver or, beginning January 1, 2015, or
after 19 months, equivalent services.
(4) Skilled nursing facility services and subacute care services
established under subdivision (c) of Section 14132, including those
services described in Sections 51511 and 51511.5 of Title 22 of the
California Code of Regulations, regardless of whether the service is
included in the basic daily rate or billed separately, and any leave
of absence or bed hold provided consistent with Section 72520 of
Title 22 of the California Code of Regulations or the state
plan.
However, plan. However, services
provided by any category of intermediate care facility for the
developmentally disabled shall not be considered long-term services
and supports.
(d) "Home- and community-based services (HCBS) plan benefits" may
include in-home and out-of-home respite, nutritional assessment,
counseling, and supplements, minor home or environmental adaptations,
habilitation, and other services that may be deemed necessary by the
managed care health plan, including its care coordination team. The
department, in consultation with stakeholders, may determine whether
health plans shall be required to include these benefits in their
scope of service, and may establish guidelines for the scope,
duration, and intensity of these benefits. The grievance process for
these benefits shall be the same process as used for other benefits
authorized by managed care health plans, and shall comply with
Section 14450, and Sections 1368 and 1368.1 of the Health and Safety
Code.
(e) "Managed care health plan" means an individual, organization,
or entity that enters into a contract with the department pursuant to
Article 2.7 (commencing with Section 14087.3), Article 2.8
(commencing with Section 14087.5), Article 2.81 (commencing with
Section 14087.96), or Article 2.91 (commencing with Section 14089),
of this chapter, or Chapter 8 (commencing with Section 14200). For
the purposes of this article, "managed care health
plan" shall not include an individual, organization, or entity that
enters into a contract with the department to provide services
pursuant to Chapter 8.75 (commencing with Section 14591) or the
Senior Care Action Network.
(f) "Other health coverage" means health coverage providing the
same full or partial benefits as the Medi-Cal program, health
coverage under another state or federal medical care program except
for the Medicare Program (Title XVIII of the federal Social Security
Act (42 U.S.C. Sec. 1395 et seq.)), or health coverage under a
contractual or legal entitlement, including, but not limited to, a
private group or indemnification insurance program.
(g) "Recipient" means a Medi-Cal beneficiary eligible for IHSS
provided pursuant to Article 7 (commencing with Section 12300) of
Chapter 3, and Sections 14132.95, 14132.952, and 14132.956.
(h) "Stakeholder" shall include, but shall not
be limited to, area agencies on aging and independent living centers.
SEC. 199. 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 March 1, 2014, 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 is occu rs 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) No later than nine 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.
(i) This section shall remain operative only until July 1, 2017.
SEC. 200. Section 14701 of the Welfare and Institutions Code is
amended to read:
14701. (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health
State Hospitals and the California Health and
Human Services Agency, shall create a state administrative and
programmatic transition plan, either as one comprehensive transition
plan or separately, to guide the transfer of the Medi-Cal specialty
mental health managed care and the EPSDT Program to the State
Department of Health Care Services effective July 1, 2012.
(b) (1) Commencing no later than July 15, 2011, the State
Department of Health Care Services, together with the State
Department of Mental Health, State Hospitals,
shall convene a series of stakeholder meetings and forums to
receive input from clients, family members, providers, counties, and
representatives of the Legislature concerning the transition and
transfer of Medi-Cal specialty mental health managed care and the
EPSDT Program. This consultation shall inform the creation of a state
administrative transition plan and a programmatic transition plan
that shall include, but is not limited to, the following components:
(A) The plan shall ensure that it is developed in a way that
continues access and quality of service during and immediately after
the transition, preventing any disruption of services to clients and
family members, providers and counties, and others affected by this
transition.
(B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
(C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration Human
Resources in developing this aspect of the transition plan.
(D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
(E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) to (C), inclusive, and includes
focused, high-level leadership for behavioral health issues.
(F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
(2) The State Department of Health Care Services, together with
the State Department of Mental Health State
Hospitals and the California Health and Human Services Agency,
shall convene and consult with stakeholders at least twice following
production of a draft of the transition plans and before submission
of transition plans to the Legislature. Continued consultation with
stakeholders shall occur in accordance with the requirement in
subparagraph (F) of paragraph (1).
SEC. 201. Section 17603 of the Welfare and Institutions Code is
amended to read:
17603. (a) This paragraph
subdivision shall only apply until the end of
the 2012-13 fiscal year. On or before the 27th day of each month, the
Controller shall allocate to the local health and welfare trust fund
health accounts the amounts deposited and remaining unexpended and
unreserved on the 15th day of the month in the Health Subaccount of
the Sales Tax Account of the Local Revenue Fund, in accordance with
subdivisions (a) and (b): paragraphs (1) and
(2):
(a)
(1) For the 1991-92 fiscal year, allocations shall be
made in accordance with the following schedule:
Allocation
Jurisdiction Percentage
Alameda .................... 4.5046
Alpine ..................... 0.0137
Amador ..................... 0.1512
Butte ...................... 0.8131
Calaveras .................. 0.1367
Colusa...................... 0.1195
Contra Costa ............... 2.2386
Del Norte .................. 0.1340
El Dorado .................. 0.5228
Fresno ..................... 2.3531
Glenn ...................... 0.1391
Humboldt ................... 0.8929
Imperial ................... 0.8237
Inyo ....................... 0.1869
Kern ....................... 1.6362
Kings ...................... 0.4084
Lake ....................... 0.1752
Lassen ..................... 0.1525
Los Angeles ................ 37.2606
Madera ..................... 0.3656
Marin....................... 1.0785
Mariposa ................... 0.0815
Mendocino .................. 0.2586
Merced ..................... 0.4094
Modoc ...................... 0.0923
Mono ....................... 0.1342
Monterey ................... 0.8975
Napa ....................... 0.4466
Nevada ..................... 0.2734
Orange ..................... 5.4304
Placer ..................... 0.2806
Plumas ..................... 0.1145
Riverside .................. 2.7867
Sacramento ................. 2.7497
San Benito ................. 0.1701
San Bernardino........ 2.4709
San Diego .................. 4.7771
San Francisco .............. 7.1450
San Joaquin ................ 1.0810
San Luis Obispo ............ 0.4811
San Mateo .................. 1.5937
Santa Barbara .............. 0.9418
Santa Clara ................ 3.6238
Santa Cruz ................. 0.6714
Shasta ..................... 0.6732
Sierra ..................... 0.0340
Siskiyou.................... 0.2246
Solano ..................... 0.9377
Sonoma ..................... 1.6687
Stanislaus ................. 1.0509
Sutter ..................... 0.4460
Tehama ..................... 0.2986
Trinity .................... 0.1388
Tulare ..................... 0.7485
Tuolumne ................... 0.2357
Ventura .................... 1.3658
Yolo ....................... 0.3522
Yuba ....................... 0.3076
Berkeley ................... 0.0692
Long Beach ................. 0.2918
Pasadena ................... 0.1385
(b)
(2) For the 1992-93 fiscal year and fiscal years
thereafter until the commencement of the 2013-14 fiscal year, the
allocations to each county and city and county shall equal the
amounts received in the prior fiscal year by each county, city, and
city and county from the Sales Tax Account and the Sales Tax Growth
Account of the Local Revenue Fund into the health and welfare trust
fund.
(c)
(b) (1) For the 2013-14 fiscal year, on the 27th day of
each month, the Controller shall allocate, in the same proportion as
funds in subdivision (b) paragraph (2) of
subdivision (a) were allocated, to each county's and city and
county's local health and welfare trust fund health accounts, the
amounts deposited and remaining unexpended and unreserved on the 15th
day of the month in the Health Subaccount of the Sales Tax Account
of the Local Revenue Fund.
(2) (A) Beginning January 2014 and for the remainder of the
2013-14 fiscal year, on or before the 27th of each month, the
Controller shall transfer to the Family Support Subaccount from the
Health Subaccount amounts determined pursuant to a schedule prepared
by the Department of Finance in consultation with the California
State Association of Counties. Cumulatively, no more than three
hundred million dollars ($300,000,000) shall be transferred.
(B) Every month, after the transfers in subparagraph (A) have
occurred, the remainder shall be allocated to the counties and cities
and counties in the same proportions as funds in
subdivision (b) paragraph (2) of subdivision (a)
were allocated.
(C) For counties participating in the County Medical Services
Program, transfers from each county shall not be greater than the
monthly amount the county would otherwise pay pursuant to paragraph
(2) of subdivision (j) of Section 16809 for participation in the
County Medical Services Program. Any difference between the amount
paid by these counties and the proportional share of the three
hundred million dollars ($300,000,000) calculated as payable by these
counties and the County Medical Services Program shall be paid from
the funds available for allocation to the County Medical Services
Program in accordance with the Welfare and Institutions Code.
(3) For the 2013-14 fiscal year, the Controller, using the same
timing and criteria used in paragraph (1), shall allocate to each
city, not to include a city and county, funds that shall equal the
amounts received in the prior fiscal year by each city from the Sales
Tax Account and the Sales Tax Growth Account of the Local Revenue
Fund into the health and welfare trust fund.
(d)
(c) (1) (A) For the 2014-15 fiscal year and for every
fiscal year thereafter, the Department of Finance, in consultation
with the California State Association of Counties, shall calculate
the amount each county or city and county shall contribute to the
Family Support Subaccount in accordance with Section 17600.50.
(B) On or before the 27th of each month, the Controller shall
transfer, based on a schedule prepared by the Department
of Finance in consultation with the California State Association of
Counties, from the funds deposited and remaining unexpended and
unreserved on the 15th day of the month in the Health Subaccount of
the Sales Tax Account of the Local Revenue Fund to the Family Support
Subaccount, funds that equal, over the course of the year, the
amount determined in subparagraph (A) pursuant to a schedule provided
by the Department of Finance.
(C) After the transfer in subparagraph (B) has occurred, the
State Controller shall allocate on or before the
27th of each month to health account in the local health and welfare
trust fund of every county and city and county from a schedule
prepared by the Department of Finance, in consultation with the
California State Association of Counties, any funds remaining in the
Health Account from the funds deposited and remaining unexpended and
unreserved on the 15th day of the month in the Health Subaccount of
the Sales Tax Account of
the Local Revenue Fund. The schedule shall be prepared as the
allocations would have been distributed pursuant to
subdivision (b). paragraph (2) of subdivision (a).
(D) For the 2014-15 fiscal year and for every fiscal year
thereafter, the Controller, using the same timing and criteria as had
been used in subdivision (b), paragraph (2)
of subdivision (a), shall allocate to each city, not to include
a city and county, funds that equal the amounts received in the
prior fiscal year by each city from the Sales Tax Account and the
Sales Tax Growth Account of the Local Revenue Fund into the health
and welfare trust fund.
SEC. 202. Section 17604 of the Welfare and Institutions Code is
amended to read:
17604. (a) All motor vehicle license fee revenues collected in
the 1991-92 fiscal year that are deposited to the credit of the Local
Revenue Fund shall be credited to the Vehicle License Fee Account of
that fund.
(b) (1) For the 1992-93 fiscal year and fiscal years thereafter,
from vehicle license fee proceeds from revenues deposited to the
credit of the Local Revenue Fund, the Controller shall make monthly
deposits to the Vehicle License Fee Account of the Local Revenue Fund
until the deposits equal the amounts that were allocated to
counties, cities, and cities and counties as general purpose revenues
in the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account in the Local Revenue Fund and the Vehicle License
Fee Account and the Vehicle License Fee Growth Account in the Local
Revenue Fund.
(2) Any excess vehicle fee revenues deposited into the Local
Revenue Fund pursuant to Section 11001.5 of the Revenue and Taxation
Code shall be deposited in the Vehicle License Fee Growth Account of
the Local Revenue Fund.
(3) The Controller shall calculate the difference between the
total amount of vehicle license fee proceeds deposited to the credit
of the Local Revenue Fund, pursuant to paragraph (1) of subdivision
(a) of Section 11001.5 of the Revenue and Taxation Code, and
deposited into the Vehicle License Fee Account for the period of July
16, 2009, to July 15, 2010, inclusive, and the amount deposited for
the period of July 16, 2010, to July 15, 2011, inclusive.
(4) Of vehicle license fee proceeds deposited to the Vehicle
License Fee Account after July 15, 2011, an amount equal to the
difference calculated in paragraph (3) shall be deemed to have been
deposited during the period of July 16, 2010, to July 15, 2011,
inclusive, and allocated to cities, counties, and a city and county
as if those proceeds had been received during the 2010-11 fiscal
year.
(c) (1) On or before the 27th day of each month, the Controller
shall allocate to each county, city, or city and county, as general
purpose revenues the amounts deposited and remaining unexpended and
unreserved on the 15th day of the month in the Vehicle License Fee
Account of the Local Revenue Fund, in accordance with paragraphs (2)
and (3).
(2) For the 1991-92 fiscal year, allocations shall be made in
accordance with the following schedule:
Allocation
Jurisdiction Percentage
Alameda .................... 4.5046
Alpine ..................... 0.0137
Amador ..................... 0.1512
Butte ...................... 0.8131
Calaveras .................. 0.1367
Colusa...................... 0.1195
Contra Costa ............... 2.2386
Del Norte .................. 0.1340
El Dorado .................. 0.5228
Fresno ..................... 2.3531
Glenn ...................... 0.1391
Humboldt ................... 0.8929
Imperial ................... 0.8237
Inyo ....................... 0.1869
Kern ....................... 1.6362
Kings ...................... 0.4084
Lake ....................... 0.1752
Lassen ..................... 0.1525
Los Angeles ................ 37.2606
Madera ..................... 0.3656
Marin....................... 1.0785
Mariposa ................... 0.0815
Mendocino .................. 0.2586
Merced ..................... 0.4094
Modoc ...................... 0.0923
Mono ....................... 0.1342
Monterey ................... 0.8975
Napa ....................... 0.4466
Nevada ..................... 0.2734
Orange ..................... 5.4304
Placer ..................... 0.2806
Plumas ..................... 0.1145
Riverside .................. 2.7867
Sacramento ................. 2.7497
San Benito ................. 0.1701
San Bernardino.............. 2.4709
San Diego .................. 4.7771
San Francisco .............. 7.1450
San Joaquin ................ 1.0810
San Luis Obispo ............ 0.4811
San Mateo .................. 1.5937
Santa Barbara .............. 0.9418
Santa Clara ................ 3.6238
Santa Cruz ................. 0.6714
Shasta ..................... 0.6732
Sierra ..................... 0.0340
Siskiyou.................... 0.2246
Solano ..................... 0.9377
Sonoma ..................... 1.6687
Stanislaus ................. 1.0509
Sutter ..................... 0.4460
Tehama ..................... 0.2986
Trinity .................... 0.1388
Tulare ..................... 0.7485
Tuolumne ................... 0.2357
Ventura .................... 1.3658
Yolo ....................... 0.3522
Yuba ....................... 0.3076
Berkeley ................... 0.0692
Long Beach ........... 0.2918
Pasadena ................... 0.1385
(3) For the 1992-93, 1993-94, and 1994-95 fiscal year
years and fiscal years thereafter, allocations
shall be made in the same amounts as were distributed from the
Vehicle License Fee Account and the Vehicle License Fee Growth
Account in the prior fiscal year.
(4) For the 1995-96 fiscal year, allocations shall be made in the
same amounts as distributed in the 1994-95 fiscal year from the
Vehicle License Fee Account and the Vehicle License Fee Growth
Account after adjusting the allocation amounts by the amounts
specified for the following counties:
Alpine .......................... $(11,296)
Amador .......................... 25,417
Calaveras ....................... 49,892
Del Norte ....................... 39,537
Glenn ........................... (12,238)
Lassen .......................... 17,886
Mariposa ........................ (6,950)
Modoc ........................... (29,182)
Mono ............................ (6,950)
San Benito ...................... 20,710
Sierra .......................... (39,537)
Trinity ......................... (48,009)
(5) (A) For the 1996-97 fiscal year and
fiscal years thereafter, allocations shall be made in the same
amounts as were distributed from the Vehicle License Fee Account and
the Vehicle License Fee Growth Account in the prior fiscal year.
Initial
(B) Initial proceeds deposited in
the Vehicle License Fee Account in the 2003-04 fiscal year in the
amount that would otherwise have been transferred pursuant to
former Section 10754 of the Revenue and Taxation Code for the
period June 20, 2003, to July 15, 2003, inclusive, shall be deemed to
have been deposited during the period June 16, 2003, to July 15,
2003, inclusive, and allocated to cities, counties, and a city and
county during the 2002-03 fiscal year.
(d) The Controller shall make monthly allocations from the amount
deposited in the Vehicle License Collection Account of the Local
Revenue Fund to each county in accordance with a schedule to be
developed by the State Department of Mental Health
State Hospitals in consultation with the California
Mental Health Directors Association, which is compatible with the
intent of the Legislature expressed in the act adding this
subdivision.
(e) Prior to Before
making the monthly allocations in accordance with paragraph (5) of
subdivision (c) and subdivision (d), and pursuant to a schedule
provided by the Department of Finance, the Controller shall adjust
the monthly distributions from the Vehicle License Fee Account to
reflect an equal exchange of sales and use tax funds from the Social
Services Subaccount to the Health Subaccount, as required by
subdivisions (d) and (e) of Section 17600.15, and of Vehicle License
Fee funds from the Health Account to the Social Services Account.
Adjustments made to the Vehicle License Fee distributions pursuant to
this subdivision shall not be used in calculating future year
allocations to the Vehicle License Fee Account.
SEC. 203. Section 17606.10 of the Welfare and Institutions Code is
amended to read:
17606.10. (a) For the 1992-93 fiscal year and subsequent fiscal
years, the Controller shall allocate funds, on a monthly basis from
the General Growth Subaccount in the Sales Tax Growth Account to the
appropriate accounts in the local health and welfare trust fund of
each county, city, and city and county in accordance with a schedule
setting forth the percentage of total state resources received in the
1990-91 fiscal year, including State Legalization Impact Assistance
Grants distributed by the state under former Part 4.5
(commencing with Section 16700), funding provided for purposes of
implementation of Division 5 (commencing with Section 5000), for the
organization and financing of community mental health services,
including the Cigarette and Tobacco Products Surtax proceeds
which that are allocated to county mental health
programs pursuant to Chapter 1331 of the Statutes of 1989, Chapter
51 of the Statutes of 1990, and Chapter 1323 of the Statutes of 1990,
and state hospital funding and funding distributed for programs
administered under Sections 1794, 10101.1, and 11322.2, as annually
adjusted by the Department of Finance, in conjunction with the
appropriate state department to reflect changes in equity status from
the base percentages. However, for the 1992-93 fiscal year, the
allocation for community mental health services shall be based on the
following schedule:
Percentage
of Statewide
Jurisdiction Resource Base
Alameda ....................... 4.3693
Alpine ........................ 0.0128
Amador ........................ 0.0941
Butte ......................... 0.7797
Calaveras ..................... 0.1157
Colusa ........................ 0.0847
Contra Costa .................. 2.3115
Del Norte ..................... 0.1237
El Dorado ..................... 0.3966
Fresno ........................ 3.1419
Glenn ......................... 0.1304
Humboldt ...................... 0.6175
Imperial ...................... 0.5425
Inyo .......................... 0.1217
Kern .......................... 1.8574
Kings ......................... 0.4229
Lake .......................... 0.2362
Lassen ........................ 0.1183
Los Angeles.................... 27.9666
Madera ........................ 0.3552
Marin ......................... 0.9180
Mariposa ...................... 0.0792
Mendocino ..................... 0.4099
Merced ........................ 0.8831
Modoc ......................... 0.0561
Mono .......................... 0.0511
Monterey ...................... 1.1663
Napa .......................... 0.3856
Nevada ........................ 0.2129
Orange ........................ 5.3423
Placer ........................ 0.5034
Plumas ........................ 0.1134
Riverside ..................... 3.6179
Sacramento .................... 4.1872
San Benito .................... 0.1010
San Bernardino ................ 4.5494
San Diego ..................... 7.8773
San Francisco ................. 3.5335
San Joaquin ................... 2.4690
San Luis Obispo ............... 0.6652
San Mateo ..................... 2.5169
Santa Barbara ................. 1.0745
Santa Clara ................... 5.0488
Santa Cruz .................... 0.7960
Shasta ........................ 0.5493
Sierra ........................ 0.0345
Siskiyou ...................... 0.2051
Solano ........................ 0.6694
Sonoma ........................ 1.1486
Stanislaus .................... 1.4701
Sutter/Yuba ................... 0.6294
Tehama ........................ 0.2384
Trinity ....................... 0.0826
Tulare ........................ 1.4704
Tuolumne ...................... 0.1666
Ventura ....................... 1.9311
Yolo .......................... 0.5443
Berkeley ...................... 0.2688
Tri-City ...................... 0.2347
(b) The Department of Finance shall recalculate the resource base
used in determining the General Growth Subaccount allocations to the
Health Account, Mental Health Account, and Social Services Account of
the local health and welfare trust fund of each city, county, and
city and county for the 1994-95 fiscal year general growth
allocations according to subdivisions (c) and (d). For the 1995-96
fiscal year and annually until the end of the 2012-13 fiscal year,
the Department of Finance shall prepare the schedule of allocations
of growth based upon the recalculation of the resource base as
provided by subdivision (c).
(c) For the Mental Health Account, the Department of Finance shall
do all of the following:
(1) Use the following sources as reported by the State Department
of Mental Health: State Hospitals:
(A) The final December 1992 distribution of resources associated
with Institutes for Mental Disease.
(B) The 1990-91 fiscal year state hospitals and community mental
health allocations.
(C) Allocations for services provided for under Chapter 1294 of
the Statutes of 1989.
(2) Expand the resource base with the following nonrealigned
funding sources as allocated among the counties:
(A) Tobacco surtax allocations made under Chapter 1331 of the
Statutes of 1989 and Chapter 51 of the Statutes of 1990.
(B) For the 1994-95 allocation year only, Chapter 1323 of the
Statutes of 1990.
(C) 1993-94 fiscal year federal homeless block grant allocation.
(D) 1993-94 fiscal year Mental Health Special Education
allocations.
(E) 1993-94 fiscal year allocations for the system of care for
children, in accordance with Chapter 1229 of the Statutes of 1992.
(F) 1993-94 fiscal year federal Substance Abuse and Mental Health
Services Administration block grant allocations pursuant to
Subchapter 1 (commencing with Section 10801) of Chapter 114 of Title
42 of the United States Code.
(d) Until the end of the 2012-13 fiscal year, for the Health
Account, the Department of Finance shall use the historical resource
base of state funds as allocated among the counties, cities, and city
and county as reported by the former State Department of
Health Services in a September 17, 1991, report of Indigent and
Community Health Resources.
(e) The Department of Finance shall use these adjusted resource
bases for the Health Account and Mental Health Account to calculate
what the 1994-95 fiscal year General Growth Subaccount allocations
would have been, and together with 1994-95 fiscal year Base
Restoration Subaccount allocations, CMSP subaccount allocations,
equity allocations to the Health Account and Mental Health Account as
adjusted by subparagraph (E) of paragraph (2) of subdivision (c) of
Section 17606.05, and special equity allocations to the Health
Account and Mental Health Account as adjusted by subdivision (e) of
Section 17606.15 reconstruct the 1994-95 fiscal year General Growth
Subaccount resource base for the 1995-96 allocation year for each
county, city, and city and county. Notwithstanding any other
provision of law, the actual 1994-95 general growth
allocations shall not become part of the realignment base allocations
to each county, city, and city and county. The total amounts
distributed by the Controller for general growth for the 1994-95
allocation year shall be reallocated among the counties, cities, and
city and county in the 1995-96 allocation year according to this
paragraph, and shall be included in the general growth resource base
for the 1996-97 allocation year and each fiscal year thereafter. For
the 1996-97 allocation year and fiscal years thereafter, the
Department of Finance shall update the base with actual growth
allocations to the Health Account, Mental Health Account, and Social
Services Account of each county, city, and city and county local
health and welfare trust fund in the prior year, and adjust for
actual changes in nonrealigned funds specified in subdivision (c) in
the year prior to the allocation year.
(f) For the 2013-14 fiscal year and every fiscal year thereafter,
the Controller shall do all of the following:
(1) Allocate to the mental health account
Mental Health Account of each county, city, or city and county
based on a schedule provided by the Department of Finance. The
Department of Finance shall recalculate the resource base used in
determining the General Growth Subaccount allocations to
mental health account the Mental Health Account
in accordance with subdivision (c) and allocate based on that
recalculation.
(2) Allocate 18.4545 percent of the total General Growth
Subaccount to the Health Account.
(3) Allocate to the Child Poverty and Family Supplemental Support
Subaccount in the Sales Tax Account the remainder of the funds in the
General Growth Subaccount.
SEC. 204. Section 17612.3 of the Welfare and Institutions Code is
amended to read:
17612.3. (a) For each fiscal year, commencing with the 2013-14
fiscal year, the amount to be redirected in accordance with Section
17612.1 shall be determined for each public hospital health system
county as follows:
(1) The public hospital health system county's revenues and other
funds paid or payable for the state fiscal year shall be comprised of
the total of the following:
(A) Medi-Cal revenues.
(B) Uninsured revenues.
(C) Medicaid demonstration revenues.
(D) Hospital fee direct grants.
(E) Special local health funds.
(F) The county indigent care health realignment amount.
(G) The imputed county low-income health amount.
(H) Imputed gains from other payers.
(I) The amount by which the public hospital health system county's
costs exceeded the cost containment limit for the fiscal year,
expressed as a negative number, multiplied by 0.50.
(2) The following, incurred by the public hospital health system
county for the fiscal year, not to exceed in total the cost
containment limit, shall be subtracted from the sum in paragraph (1):
(A) Medi-Cal costs.
(B) Uninsured costs.
(C) The lesser of the other entity intergovernmental transfer
amount or the imputed other entity intergovernmental transfer
amounts.
(D) New mandatory other entity intergovernmental transfer amounts.
(3) The resulting amount determined in paragraph (2) shall be
multiplied by 0.80, except that for the 2013-14 fiscal year the
resulting amount determined in paragraph (2) shall be multiplied by
0.70.
(4) If the amount in paragraph (3) is a positive number, that
amount, subject to paragraph (5), shall be redirected in accordance
with Section 17612.1, except that for the 2013-14 fiscal year the
amount to be redirected shall not exceed the amount determined for
the county for the 2013-14 fiscal year under subdivision (c) of
Section 17603, as that amount may have been reduced by the
application of Section 17610.5. If the amount determined in paragraph
(3) is a negative number, the redirected amount shall be zero.
(5) Notwithstanding any other law, the amount to be redirected as
determined in paragraph (4) for any fiscal year shall not exceed the
county indigent care health realignment amount for that fiscal year.
(6) (A) The redirected amount shall be applied until the later of
the following:
(i) June 30, 2023.
(ii) The beginning of the fiscal year following a period of two
consecutive fiscal years in which both of the following occur:
(aa)
(I) The total interim amount determined under
subdivision (b) of Section 17612.3 in May of the
previous fiscal year is within 10 percent of the final, reconciled
amount in subdivision (d) of that section .
(bb)
(II) The final, reconciled amounts under subdivision
(d) of Section 17612.3 are within 5 percent of
each other.
(B) After the redirected amount ceases as provided in subparagraph
(A), a permanent redirected amount shall be established to be an
amount determined by calculating the percentage that the redirected
amount was in the last fiscal year of the operation of this article
of the county's health realignment amount of that same fiscal year,
multiplied by the county's health realignment amount of all
subsequent years.
(b) Commencing with the 2014-15 fiscal year, the department shall
calculate an interim redirected amount for each public hospital
health system county under subdivision (a) by the January immediately
prior to the starting fiscal year, using the most recent and
accurate data available. For purposes of the interim determinations,
the cost containment limit shall not be applied. The interim
redirected amount shall be updated in the May before the start of the
fiscal year in consultation with each public hospital health system
county and based on any more recent and accurate data available at
that time. During the fiscal year, the interim redirected amount will
be applied pursuant to Section 17612.1.
(c) The predetermined amounts or historical percentages described
in subdivisions (i), (l), (m), (n), and (w) of Section 17612.2 shall
each be established in accordance with the following procedure:
(1) By October 31, 2013, each public hospital health system county
shall determine the amount or percentage described in the applicable
subdivision, and shall provide this calculation to the department,
supported by verifiable data and a description of how the
determination was made.
(2) If the department disagrees with the public hospital health
system county's determination, the department shall confer with the
public hospital health system county by December 15, 2013, and shall
issue its determination by January 31, 2014.
(3) If no agreement between the parties has been reached by
January 31, 2014, the department shall apply the county's
determination when making the interim calculations pursuant to
subdivision (b), until a decision is issued pursuant to paragraph
(6).
(4) If no agreement between the parties has been reached by
January 31, 2014, the public hospital health system county shall
submit a petition by February 28, 2014, to the County Health Care
Funding Resolution Committee, established pursuant to Section
17600.60, to seek a decision regarding the historical percentage or
amount to be applied in calculations under this section.
(5) The County Health Care Funding Resolution Committee shall hear
and make a determination as to whether the county's proposed
percentage or amount complies with the requirements of this section
taking into account the data and calculations of the county and any
alternative data and calculations submitted by the department.
(6) The committee shall issue its final determination within 45
days of the petition. If the county chooses to contest the final
determination, the final determination of the committee will be
applied for purposes of any interim calculation under subdivision (b)
until a final decision is issued pursuant to de novo administrative
review pursuant to paragraph (2) of subdivision (d).
(d) (1) The data for the final calculations under subdivision (a)
for the fiscal year shall be submitted by public hospital health
system counties within 12 months after the conclusion of each fiscal
year as required in Section 17612.4. The data shall be the most
recent and accurate data from the public hospital health system
county's books and records pertaining to the revenues paid or
payable, and the costs incurred, for services provided in the subject
fiscal year. After consulting with the county, the department shall
make final calculations using the data submitted pursuant to this
paragraph by December 15 of the following fiscal year, and shall
provide its final determination to the county. The final
determination will also reflect the application of the cost
containment limit, if any. If the county and the department agree, a
revised recalculation and reconciliation may be completed by the
department within six months thereafter.
(2) The director shall establish an expedited formal appeal
process for a public hospital health system county to contest final
determinations made under this article. No appeal shall be available
for interim determinations made under subdivision (b). The appeals
process shall include all of the following:
(A) The public hospital health system county shall have 30
calendar days, following the issuance of a final determination made
under paragraph (6) of subdivision (c) or paragraph (1) of this
subdivision, to file an appeal with the Director of Health Care
Services. All appeals shall be governed by Section 100171 of the
Health and Safety Code, except for those provisions of paragraph (1)
of subdivision (d) of Section 100171 of the Health and Safety Code
relating to accusations, statements of issues, statement to
respondent, and notice of defense, and except as otherwise set forth
in this section. All appeals shall be in writing and shall be filed
with the State Department of Health Care Service's Office of
Administrative Hearings and Appeals. An appeal shall be deemed filed
on the date it is received by the Office of Administrative Hearings
and Appeals.
(i) An appeal shall specifically set forth each issue in dispute,
which may include any component of the determination, and include the
public hospital health system county's contentions as to those
issues. A formal hearing before an Office of Administrative Hearings
and Appeals Administrative Law Judge shall commence within 60 days of
the filing of the appeal requesting a formal hearing. A final
decision under this paragraph shall be adopted no later than six
months following the filing of the appeal.
(ii) If the public hospital health system county fails to
file an appeal within 30 days of the issuance of a determination made
under this section, the determination of the department shall be
deemed final and not appealable either administratively or to a court
of general jurisdiction, except that a county may elect to appeal a
determination under subdivision (c) within 30 days of the issuance of
the County Health Care Funding Resolution Committee's final
determination under paragraph (6) of subdivision (c) or as a
component of an appeal of the department's final determination under
paragraph (1) of this subdivision for the 2013-14 fiscal year.
(B) If a final decision under this paragraph is not issued by the
department within two years of the last day of the subject fiscal
year, the public hospital health system county shall be deemed to
have exhausted its administrative remedies and shall not be precluded
from pursuing any available judicial review. However, the time
period in this subdivision shall be extended by either of the
following:
(i) Undue delay caused by the public hospital health system
county.
(ii) An extension of time granted to a public hospital health
system county at its sole request, or following the joint request of
the public hospital health system county and the department.
(C) If the final decision issued by the department pursuant to
this paragraph results in a different determination than that
originally determined by the department, then the Department of
Finance shall adjust the original determination by that amount,
pursuant to a process developed by the Department of Finance and in
consultation with the public hospital health system counties.
(e) For purposes of this article, all references to "health
services" or "health care services," unless specified otherwise,
shall exclude nursing facility, mental health, and substance use
disorder services.
SEC. 205. Section 17612.5 of the Welfare and Institutions Code is
amended to read:
17612.5. (a) For the 2013-14 fiscal year and each year
thereafter, the amount to be redirected in accordance with Section
17612.1 for the County of Los Angeles shall be determined in
accordance with Section 17612.3, except that the formula in
subdivision (a) of Section 17612.3 shall be replaced with the
following formula:
(1) The total revenues as defined in paragraph (7) of subdivision
(b) paid or payable to the County of Los Angeles, Department of
Health Services, for the fiscal year, which shall include special
local health funds and as adjusted in accordance with Section
17612.6, shall be added together.
(2) The sum of three hundred twenty-three million dollars
($323,000,000), which represents the imputed county low-income health
amount trended annually by 1 percent from the 2012-13 fiscal year
through the applicable fiscal year, and the county indigent care
health realignment amount, as determined in accordance with
subdivision (e) of Section 17612.2 for the fiscal year.
(3) The amount by which the county's total costs exceeded the cost
containment limit for the fiscal year, expressed as a negative
number, multiplied by 0.50.
(4) (A) The total costs , as defined in paragraph (6)
of subdivision (b) , incurred by or on behalf of the
County of Los Angeles, Department of Health Services, for the fiscal
year shall be added together, but shall not exceed the cost
containment limit determined in accordance with paragraph (3) of
subdivision (b).
(B) The costs in paragraph (A) shall be subtracted from the sum of
paragraphs (1) to (3), inclusive.
(5) The resulting amount determined in subparagraph (B) of
paragraph (4) shall be multiplied by 0.80, except that for the
2013-14 fiscal year, the resulting amount determined in subparagraph
(B) of paragraph (4) shall be multiplied by 0.70.
(6) If the amount in paragraph (5) is a positive number, that
amount, subject to paragraph (7), shall be redirected in accordance
with Section 17612.1 of this article, except that for the 2013-14
fiscal year the amount to be redirected shall not exceed the amount
determined for the County of Los Angeles for the 2013-14 fiscal year
under subdivision (c) of Section 17603, as that amount may have been
reduced by the application of Section 17610.5. If the amount
determined in paragraph (5) is a negative number, the redirected
amount shall be zero.
(7) Notwithstanding any other provision of law,
the amount to be redirected as determined in paragraph (6) for any
fiscal year shall not exceed the county indigent care health
realignment amount for that fiscal year.
(8) (A) The redirected amount shall be applied until the later of:
(i) June 30, 2023.
(ii) The beginning of the fiscal year following a
period of two consecutive fiscal years that both of the following
occur:
(aa)
(I) The total interim amount determined under
subdivision (b) of Section 17612.3 in May of the previous fiscal year
is within 10 percent of the final, reconciled amount in subdivision
(d) of that section.
(bb)
(II) The final, reconciled amounts under subdivision
(d) of Section 17612.3 are within 5 percent of each other.
(B) After the redirected amount ceases as provided in subparagraph
(A), a permanent redirected amount shall be established to be an
amount determined by calculating the percentage that the redirected
amount was in the last fiscal year of the operation of this article
of the county's health realignment amount of that same fiscal year,
multiplied by the county's health realignment amount of all
subsequent years.
(b) Except as otherwise provided in this section, the definitions
in Section 17612.2 shall apply. For purposes of
this section, and for purposes of the calculations in
Section 17612.3 that apply to the County of Los Angeles, the
following definitions shall apply:
(1) "Adjusted patient day" means LA County DHS's total number of
patient days multiplied by the following fraction: the numerator that
is the sum of the county public hospital health system's total gross
revenue for all services provided to all patients, including
nonhospital services, and the denominator that is the sum of the
county public hospital health system's gross inpatient revenue. The
adjusted patient days shall pertain to those services that are
provided by the LA County DHS, and shall exclude services that are
provided by contract or out-of-network clinics or hospitals. For
purposes of this paragraph, gross revenue shall be adjusted as
necessary to reflect the relationship between inpatient costs and
charges and outpatient costs and charges.
(2) "Blended CPI trend factor" means the blended percent change
applicable for the state fiscal year that is derived from the
nonseasonally adjusted Consumer Price Index for All Urban Consumers
(CPI-U), United States City Average, for Hospital and Related
Services, weighted at 90 percent, and for Medical Care Services,
weighted at 10 percent, all as published by the United States Bureau
of Labor Statistics, computed as follows:
(A) For each prior fiscal year, within the period to be trended
through the fiscal year, the annual average of the monthly index
amounts shall be determined separately for the Hospital and Related
Services Index and the Medical Care Services Index.
(B) The year-to-year percentage changes in the annual averages
determined in subparagraph (A) for each of the Hospital and Related
Services Index and the Medical Care Services Index shall be
determined.
(C) A weighted average annual percentage change for each
year-to-year period shall be calculated from the determinations made
in subparagraph (B), with the percentage changes in the Hospital and
Related Services Index weighted at 90 percent, and the percentage
changes in the Medical Care Services Index weighted at 10 percent.
The resulting average annual percentage changes shall be expressed as
a fraction, and increased by 1.00.
(D) The product of the successive year-to-year amounts determined
in subparagraph (C) shall be the blended CPI trend factor.
(3) "Cost containment limit" means the LA County DHS's total costs
determined for the 2014-15 fiscal year and each subsequent fiscal
year adjusted as follows:
(A) The County of Los Angeles will be deemed to comply with the
cost containment limit if the county demonstrates that its total
costs for the fiscal year did not exceed its total costs in the base
year, multiplied by the blended CPI trend factor for the fiscal year
as reflected in the annual report of financial transactions required
to be submitted to the Controller pursuant to Section 53891 of the
Government Code. If the total costs for the fiscal year exceeded the
total cost in the base year, multiplied by the blended CPI trend
factor for the fiscal year, the calculation in subparagraph (B) shall
be performed.
(B) (i) If the number of adjusted patient days of service provided
by LA County DHS for the fiscal year exceeds its number of adjusted
patient days of service rendered in the base year by at least 10
percent, the excess adjusted patient days above the base year for the
fiscal year shall be multiplied by the cost per adjusted patient day
of the public hospital health system for the base year. The result
shall be added to the trended base year amount determined in
subparagraph (A), yielding the applicable cost containment limit,
subject to subparagraph (C). Costs per adjusted patient day shall be
based upon only those LA County DHS costs incurred for patient care
services.
(ii) If the number of adjusted patient days of service provided by
LA County DHS for the fiscal year does not exceed its number of
adjusted patient days of service rendered in the base year by at
least 10 percent, the applicable limit is the trended base year
amount determined in subparagraph (A) subject to subparagraph (C).
(C) If LA County DHS's total costs for the fiscal year in
, as determined in subparagraph (A) ,
exceeds the trended cost as determined in subparagraph (A) as
adjusted by subparagraph (B), the following cost increases shall be
added to and reflected in any cost containment limit:
(i) Electronic health records and related implementation and
infrastructure costs.
(ii) Costs related to state or federally mandated activities,
requirements, or benefit changes.
(iii) Costs resulting from a court order or settlement.
(iv) Costs incurred in response to seismic concerns, including
costs necessary to meet facility seismic standards.
(v) Costs incurred as a result of a natural disaster or act of
terrorism.
(vi) The total amount of any intergovernmental transfer for the
nonfederal share of Medi-Cal payments to the hospital facility
described in subdivision (f) of Section 14165.50.
(D) If LA County DHS's total costs for the fiscal year exceed the
trended costs as adjusted by subparagraphs (B) and (C), the county
may request that the department consider other costs as adjustments
to the cost containment limit, including, but not limited to,
transfer amounts in excess of the imputed other entity
intergovernmental transfer amount trended by the blended CPI trend
factor, costs related to case mix index increases, pension costs,
expanded medical education programs, increased costs in response to
delivery system changes in the local community, and system
expansions, including capital expenditures necessary to ensure access
to and the quality of health care. Costs approved by the department
shall be added to and reflected in the cost containment limit.
(4) "Health realignment indigent care percentage" means 83
percent.
(5) "Special local health funds" means both of the following:
(A) The total amount of assessments and fees restricted for
health-related purposes that are received by LA County DHS and
expended for health services during the fiscal year.
(B) Ninety-one percent of the funds actually received by the
County of Los Angeles during the fiscal year pursuant to the Master
Settlement Agreement and related documents entered into on November
23, 1998, by the state and leading United States tobacco product
manufacturers, less any bond payments and other costs of
securitization related to the funds described in this paragraph.
(6) "Total costs" means the actual net expenditures, excluding
encumbrances, for all operating budget units of the LA County DHS.
Operating budget units consist of four Hospital Enterprise Funds plus
the LA County DHS's budget units within the county general fund. Net
expenditures, excluding encumbrances, are those recognized within LA
County DHS, net of intrafund transfers, expenditure distributions,
and all other billable services recorded from and to the LA County
DHS enterprise funds and the LA County DHS general fund budget units,
determined based on its central accounting system known as eCAPS, as
of November 30 of the year following the fiscal year, and shall
include the new mandatory other entity intergovernmental transfer
amounts, as defined in subdivision (ad) of Section 17612.2, and the
lesser of other entity intergovernmental transfer amounts or the
imputed other entity intergovernmental transfer amounts.
(7) "Total revenues" means the sum of the revenue paid or payable
for all operating budget units of the LA County DHS determined based
on its central accounting system known as eCAPS, as of November 30 of
the year following the fiscal year.
(8) "LA County DHS" means operating budget units consisting of
four hospital enterprise funds plus the DHS budget units within the
county's general fund.
SEC. 206. Section 17613.2 of the Welfare and Institutions Code is
amended to read:
17613.2. For purposes of this article, the following definitions
shall apply:
(a) "Base year" means the fiscal year ending three years prior to
the fiscal year for which the redirected amount is calculated.
(b) "Blended CPI trend factor" means the blended percent change
applicable for the fiscal year that is derived from the nonseasonally
adjusted Consumer Price Index for All Urban Consumers (CPI-U),
United States City Average, for Hospital and Related Services,
weighted at 75 percent, and for Medical Care Services, weighted at 25
percent, all as published by the United States Bureau of Labor
Statistics, computed as follows:
(1) For each prior fiscal year within the period to be trended
through the state fiscal year, the annual average of the monthly
index amounts shall be determined separately for the Hospital and
Related Services Index and the Medical Care Services Index.
(2) The year-to-year percentage changes in the annual averages
determined in paragraph (1) for each of the Hospital and Related
Services Index and the Medical Care Services Index shall be
determined.
(3) A weighted average annual percentage change for each
year-to-year period shall be calculated from the determinations made
in paragraph (2), with the percentage changes in the Hospital and
Related Services Index weighted at 75 percent, and the percentage
changes in the Medical Care Services Index weighted at 25 percent.
The resulting average annual percentage changes shall be expressed as
a fraction, and increased by 1.00.
(4) The product of the successive year-to-year amounts determined
in paragraph (3) shall be the blended CPI trend factor.
(c) "Calculated cost per person" is determined by dividing county
indigent program costs by the number of indigent program individuals
for the applicable fiscal year. If a county expands eligibility, the
enrollment count is limited to those indigent program individuals who
would have been eligible for services under the eligibility
requirements in existence on July 1, 2013, except if approved as an
exception allowed pursuant to subparagraph (3) of
paragraph (C) (3) of subdivision (d).
(d) "Cost containment limit" means the county's indigent program
costs determined for the 2014-15 fiscal year and each subsequent
fiscal year, to be adjusted as follows:
(1) (A) The county's indigent program costs for the state fiscal
year shall be determined as indigent program costs for purposes of
this paragraph for the relevant fiscal period.
(B) The county's calculated costs per person for the base year
will be multiplied by the blended CPI trend factor and then
multiplied by the county's fiscal year indigent program individuals.
The base year costs used shall not reflect any adjustments under this
subdivision.
(C) The fiscal year amount determined in subparagraph (A) shall be
compared to the trended amount in subparagraph (B). If the amount in
subparagraph (B) exceeds the amount in subparagraph (A), the county
will be deemed to have satisfied the cost containment limit. If the
amount in subparagraph (A) exceeds the amount in subparagraph (B),
the calculation in paragraph (2) shall be performed.
(2) If a county's costs as determined in subparagraph (A) of
paragraph (1) exceeds the amount determined in subparagraph (B) of
paragraph (1), the following costs, as allocated to the county's
indigent care program, shall be added to the cost and reflected in
any containment limit:
(A) Costs related to state or federally mandated activities,
requirements, or benefit changes.
(B) Costs resulting from a court order or settlement.
(C) Costs incurred as a result of a natural disaster or act of
terrorism.
(3) If a county's costs as determined in subparagraph (A) of
paragraph (1) exceed the amount determined in subparagraph (B) of
paragraph (1), as adjusted by paragraph (2), the county may request
that the department consider other costs as adjustments to the cost
containment limit. These costs would require departmental approval.
(e) "County" for purposes of this article means the following
counties: Fresno, Merced, Orange, Placer, Sacramento, San Diego, San
Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, and Yolo.
(f) "County indigent care health realignment amount" means the
product of the health realignment amount times the health realignment
indigent care percentage, as computed on a county-specific basis.
(g) "County savings determination process" means the process for
determining the amount to be redirected in accordance with Section
17613.1, as calculated pursuant to subdivision (a) of Section
17613.3.
(h) "Department" means the State Department of Health Care
Services.
(i) "Health realignment amount" means the amount that, in the
absence of this article, would be payable to a county under Sections
17603, 17604, and 17606.20, as those sections read on January 1,
2012, and Section 17606.10, as it read on July 1, 2013, for the
fiscal year that is deposited by the Controller into the local health
and welfare trust fund health account of the county.
(j) "Health realignment indigent care percentage" means the
county-specific percentage determined in accordance with the
following, and established in accordance with the procedures
described in subdivision (c) of Section 17613.3:
(1) Each county shall identify the portion of that county's health
realignment amount that was used to provide health services to the
indigent, including the indigent program individuals, for each of the
historical fiscal years, along with verifiable data in support
thereof.
(2) The amounts identified in paragraph (1) shall be expressed as
a percentage of the health realignment amount of that county for each
fiscal year of the historical fiscal years.
(3) The average of the percentages determined in paragraph (2)
shall be the county's health realignment indigent care percentage.
(4) To the extent a county does not provide the information
required in paragraph (1) or the department determines that the
information required is insufficient, the amount under this
subdivision shall be considered to be 85 percent.
(k) All references to "health services" or "health care services,"
unless specified otherwise, shall exclude mental health and
substance use disorder services.
( l ) "Historical fiscal years" means the fiscal years
2008-09 to 2011-12, inclusive.
(m) "Imputed county low-income health amount" means the
predetermined, county-specific amount of county general purpose funds
assumed, for purposes of the calculation in Section 17613.3, to be
available to the county for services to indigent program individuals.
The imputed county low-income health amount shall be determined as
set forth below and established in accordance with subdivision (c) of
Section 17613.3.
(1) For each of the historical fiscal years, an amount shall be
determined as the annual amount of county general fund contribution
provided for health services to the indigent, which does not include
funds provided for mental health and substance use disorder services,
through a methodology to be developed by the department, in
consultation with the California State Association of Counties.
(2) If a year-to-year percentage increase in the amount determined
in paragraph (1) was present, an average annual percentage trend
factor shall be determined.
(3) The annual amounts determined in paragraph (1) shall be
averaged and multiplied by the percentage trend factor, if
applicable, determined in paragraph (2), for each fiscal year after
the 2011-12 fiscal year through the applicable fiscal year.
Notwithstanding the foregoing, if the percentage trend factor
determined in paragraph (2) is greater than the applicable percentage
change for any year of the same period in the blended CPI trend
factor, the percentage change in the blended CPI trend factor for
that year shall be used. The resulting determination is the imputed
county low-income health amount for purposes of Section 17613.3.
(n) "Indigent program costs" means the costs incurred by the
county for purchasing, providing, or ensuring the availability of
services to indigent program individuals during the fiscal year. The
costs for mental health and substance use disorder services shall not
be included in these costs.
(o) "Indigent program individuals" means all individuals enrolled
in a county indigent health care program at any point throughout the
fiscal year. If a county does not enroll individuals into an indigent
health care program, indigent program individuals shall mean all
individuals who used services offered through the county indigent
health care program in the fiscal year.
(p) "Indigent program revenues" means self-pay payments made by or
on behalf of indigent program individuals to the county for the
services rendered in the fiscal year, but shall exclude revenues
received for mental health and substance use disorder services.
(q) "Redirected amount" means the amount to be redirected in
accordance with Section 17613.1, as calculated pursuant to
subdivision (a) of Section 17613.3.
(r) "Special local health funds" means the amount of the following
county funds received by the county for health services to indigent
program individuals during the fiscal year and shall include funds
available pursuant to the Master Settlement Agreement and related
documents entered into on November 23, 1998, by the state and leading
United States tobacco product manufacturers during a fiscal year.
The amount of the tobacco settlement funds to be used for this
purpose shall be the greater of paragraph (1) or (2), less any bond
payments and other costs of securitization related to the funds
described in this subdivision.
(1) The amount of the funds expended by the county for the
provision of health services to indigent program individuals during
the fiscal year.
(2) The amount of the tobacco settlement funds multiplied by the
average of the percentages of the amount of tobacco settlement funds
that were allocated to and expended by the county for health services
to indigent program individuals during the historical fiscal years.
SEC. 207. Section 17613.3 of the Welfare and Institutions Code is
amended to read:
17613.3. (a) For each fiscal year commencing with the 2013-14
fiscal year, the amount to be redirected in accordance with Section
17613.1 shall be determined for each county as set forth in this
section.
(1) The county's revenues and other funds paid or payable for the
fiscal year shall be comprised of the total of the following:
(A) Indigent program revenues.
(B) Special local health funds.
(C) The county indigent care health realignment amount.
(D) The imputed county low-income health amount.
(2) Indigent program costs incurred by the county for the fiscal
year, not to exceed in total the cost containment limit, shall be
subtracted from the sum in paragraph (1).
(3) The resulting amount shall be multiplied by 0.80, except
that for the 2013-14 fiscal year where the
resulting amount shall be multiplied by 0.70.
(4) If the amount in paragraph (3) is a positive number, that
amount, subject to paragraph (5), shall be redirected in accordance
with Section 17613.1, except that for the 2013-14 fiscal year, the
amount to be redirected shall not exceed the amount determined for
the county for the 2013-14 fiscal year under subdivision (c) of
Section 17603, as that amount may have been reduced by the
application of Section 17610.5. If the amount determined in paragraph
(3) is a negative number, the redirected amount shall be zero.
(5) Notwithstanding any other law, the amount to be redirected as
determined in paragraph (4) for a fiscal year shall not exceed the
county indigent care health realignment amount for that fiscal year.
(6) (A) The redirected amount shall be applied until the later of
the following:
(i) June 30, 2023.
(ii) The beginning of the fiscal year following a period of two
consecutive fiscal years in which both of the following occur:
(aa)
(I) The total interim amount determined under
subdivision (b) in May of the previous fiscal year is within 10
percent of the final, reconciled amount in subdivision (d).
(bb)
(II) The final, reconciled amounts under subdivision
(d) are within 5 percent of each other.
(B) After the redirected amount ceases as provided in subparagraph
(A), a permanent redirected amount shall be established to be the
amount determined by calculating the percentage that the redirected
amount was in the last fiscal year of the operation of this article
of the county's health realignment amount of that same fiscal year,
multiplied by the county's health realignment amount of all
subsequent years.
(b) Starting with the 2014-15 fiscal year, the department shall
calculate an interim redirected amount for each county under
subdivision (a) by the January immediately prior to the starting
fiscal year, using the most recent and accurate data available. For
purposes of the interim determinations, the cost containment limit
shall not be applied. The
interim redirected amount shall be updated in the May before the
start of the fiscal year in consultation with each county and based
on any more recent and accurate data available at that time. During
the fiscal year, the interim redirected amount will be applied
pursuant to Section 17613.1.
(c) The predetermined amounts or historical percentages described
in subdivisions (j), (m), and (r) of Section 17613.2 shall each be
established in accordance with the following procedure:
(1) By October 31, 2013, each county shall determine the amount or
percentage described in the applicable subdivision, and shall
provide this calculation to the department, supported by verifiable
data and a description of how the determination was made.
(2) If the department disagrees with the county's determination,
the department shall confer with the county by December 15, 2013, and
shall issue its determination by January 31, 2014.
(3) If no agreement between the parties has been reached by
January 31, 2014, the department shall apply the county's
determination when making the interim calculations pursuant to
subdivision (b), until a decision is issued pursuant to paragraph
(6).
(4) If no agreement between the parties has been reached by
January 31, 2014, the county shall submit a petition by February 28,
2014, to the County Health Care Funding Resolution Committee,
established pursuant to Section 17600.60, to seek a decision
regarding the historical percentage or amount to be applied in
calculations under this section.
(5) The County Health Care Funding Resolution Committee shall hear
and make a determination as to whether the county's proposed
percentage or amount complies with the requirements of this section
based on the data and calculations of the county and any alternative
data and calculations submitted by the department.
(6) The County Health Care Funding Resolution Committee shall
issue its final determination within 45 days of the petition. If the
county chooses to contest the final determination, the final
determination of the committee will be applied for purposes of any
interim calculation under subdivision (b) until a final decision is
issued pursuant to de novo administrative review under paragraph (2)
of subdivision (d).
(d) (1) The data for the final calculations under subdivision (a)
for the fiscal year shall be submitted by counties within 12 months
after the conclusion of each fiscal year as required in Section
17613.4. The data shall be the most recent and accurate data from the
county's books and records pertaining to the revenues paid or
payable, and the costs incurred, for services provided in the subject
fiscal year. After consulting with the county, the department shall
make final calculations using the data submitted pursuant to this
paragraph by December 15 of the following fiscal year, and shall
provide its final determination to the county. The final
determination will also reflect the application of the cost
containment limit, if any. If the county and the department agree, a
revised recalculation and reconciliation may be completed by the
department within six months thereafter.
(2) The Director of Health Care Services shall establish an
expedited formal appeal process for a county to contest final
determinations made under this article. No appeal shall be available
for interim determinations made under subdivision (b). The appeals
process shall include all of the following:
(A) The county shall have 30 calendar days, following the issuance
of a final determination made under paragraph (6) of subdivision (c)
or paragraph (1) of this subdivision, to file an appeal with the
director. All appeals shall be governed by Section 100171 of the
Health and Safety Code, except for those provisions of paragraph (1)
of subdivision (d) of Section 100171 of the Health and Safety Code
relating to accusations, statements of issues, statement to
respondent, and notice of defense, and except as otherwise set forth
in this section. All appeals shall be in writing and shall be filed
with the State Department of Health Care Service's Office of
Administrative Hearings and Appeals. An appeal shall be deemed filed
on the date it is received by the Office of Administrative Hearings
and Appeals.
(i) An appeal shall specifically set forth each issue in dispute,
including, but not limited to, any component of the determination,
and include the county's contentions as to those issues. A formal
hearing before an Office of Administrative Hearings and Appeals
Administrative Law Judge shall commence within 60 days of the filing
of the appeal requesting a formal hearing. A final decision under
this paragraph shall be adopted no later than six months following
the filing of the appeal.
(ii) If the county fails to file an appeal within 30 days of the
issuance of a determination made under this section, the
determination of the department shall be deemed final and not
appealable either administratively or to a court of general
jurisdiction, except that a county may elect to appeal a
determination under subdivision (c) within 30 days of the issuance of
the County Health Care Funding Resolution Committee's final
determination under paragraph (6) of subdivision (c) or as a
component of an appeal of the department's final determination under
paragraph (1) for the 2013-14 fiscal year.
(B) If a final decision under this paragraph is not issued by the
department within two years of the last day of the subject fiscal
year, the county shall be deemed to have exhausted its administrative
remedies, and shall not be precluded from pursuing any available
judicial review. However, the time period in this subdivision shall
be extended by either of the following:
(i) Undue delay caused by the county.
(ii) An extension of time granted to a county at its sole request,
or following the joint request of the county and the department.
(C) If the final decision issued by the department pursuant to
this paragraph results in a different determination than that
originally made by the department, then the Department of Finance
shall adjust the original determination by that amount, pursuant to a
process developed by the Department of Finance and in consultation
with the California State Association of Counties.
SEC. 208. Section 17613.4 of the Welfare and Institutions Code is
amended to read:
17613.4. (a) Beginning with the 2013-14 fiscal year, each county
that has elected to participate in the County Savings Determination
Process shall, within five months after the end of each fiscal year,
be required to submit initial reports on both of the following:
(1) All revenue data required for the operation of Section
17613.3, including both of the following:
(A) Indigent program revenues.
(B) Special local health funds.
(2) All cost data required for the operation of Section 17613.3,
including indigent program costs.
(b) Counties shall submit final reports of cost and revenue data
identified in subdivision (a) to the department for the
each fiscal year no later than June 30 of the fiscal year
ending one year after the subject fiscal year.
(c) The department shall develop, in consultation with the
California State Association of Counties, the methodologies
used to determine the costs and revenues required to be reported and
the format of the submissions.
(d) Reports submitted under this section shall be accompanied by a
certification by an appropriate public official attesting to the
accuracy of the reports.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department, without taking any further regulatory action, shall
implement, interpret, or make specific this article by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions.
SEC. 209. Section 18259.7 of the Welfare and Institutions Code is
amended to read:
18259.7. (a) The County of Los Angeles, contingent upon local
funding, may establish a pilot project consistent with this chapter
to develop a comprehensive, replicative, multidisciplinary model to
address the needs and effective treatment of commercially sexually
exploited minors who have been arrested or detained by local law
enforcement for a violation of subdivision (a) or (b) of Section 647
or subdivision (a) of Section 653.22 of the Penal Code.
(b) The District Attorney of the County of Los Angeles, in
collaboration with county and community-based agencies, may develop,
as a component of the pilot project described in this chapter,
protocols for identifying and assessing minors, upon arrest or
detention by law enforcement, who may be victims of commercial sexual
exploitation.
(c) The District Attorney of the County of Los Angeles, in
collaboration with county and community-based agencies that serve
commercially sexually exploited minors, may develop, as a component
of the pilot project described in this chapter, a diversion program
reflecting the best practices to address the needs and requirements
of arrested or detained minors who have been determined to be victims
of commercial sexual exploitation.
(d) The District Attorney of the County of Los Angeles, in
collaboration with county and community-based agencies, may form, as
a component of the pilot project described in this chapter, a
multidisciplinary team including, but not limited to, city police
departments, the county sheriff's department, the public defender's
office, the probation department, child protective services, and
community-based organizations that work with or advocate for
commercially sexually exploited minors, to do both of the following:
(1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of commercial
sexual exploitation.
(2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual exploitation.
(e) The District Attorney for of the
County of Los Angeles shall, on or before April 1, 2016, submit a
report to the Legislature that summarizes the activities performed by
the district attorney pursuant to this section, so that the
Legislature may determine whether the pilot project should be
extended or expanded to other counties prior to the repeal of this
chapter pursuant to Section 18259.10. The report shall, at a minimum,
include the number of sexually exploited minors, if any, diverted by
the program authorized in subdivision (c), and a summary of the
types of services and alternate treatments provided to those minors.
This report shall be contingent upon local funding, and shall be
required only if the County of Los Angeles establishes a pilot
project and the district attorney performs any of the activities of
the pilot project authorized by this chapter. The report shall not
include any information that would reveal the identity of a specific
sexually exploited minor.
SEC. 210. Section 18901 of the Welfare and Institutions Code is
amended to read:
18901. (a) The eligibility of households shall be determined to
the extent permitted by federal law.
(b) In determining eligibility for CalFresh, no minimum age
requirement requirements shall be
imposed other than those that exist under federal law.
SEC. 211. Section 2 of Chapter 489 of the Statutes of 2001, as
amended by Section 3 of Chapter 381 of the Statutes of 2013, is
amended to read:
Sec. 2. The Legislature finds and declares all of the following:
(a) Tide and submerged lands in California are held in trust for
the enjoyment and use by the people of the state pursuant to the
California Constitution, state statutes, and the common law public
trust doctrine. Public trust lands may be used for water-related
purposes, including, but not limited to, commerce, navigation,
fishing, swimming, recreation, open space, and wildlife habitat.
(b) In 1965, the Legislature adopted the McAteer-Petris Act to
protect and enhance the San Francisco Bay and its natural resources.
Among other things, the McAteer-Petris Act grants BCDC
the San Francisco Bay Conservation and Development
District (BCDC) regulatory authority over further filling in
San Francisco Bay through exercise of its bay jurisdiction, and
limits that activity to (1) water-oriented uses that meet specified
criteria; (2) minor fill that improves shoreline appearance or public
access; and (3) activities necessary for the health, safety, and
welfare of the public in the entire bay area. The McAteer-Petris Act
also mandates BCDC to require the provision of maximum feasible
access to the bay and its shoreline consistent with a project.
(c) In 1969, the Legislature received and acted upon BCDC's report
and recommendations from a three-year study of the San Francisco
Bay. The resulting Bay Plan contains, among other things, BCDC's
policies to guide use and protection of all areas within BCDC's
jurisdiction, including the bay and the 100-foot shoreline band, and
ensures that proposed projects, among other things, minimize bay fill
and provide maximum feasible public access to the bay.
(d) In 1969, pursuant to the Burton Act, the state conveyed by
transfer agreement certain state tide and submerged lands to the
Port. The lands are held by the Port in trust for the people of
California to further the purposes of commerce, navigation, and
fisheries, and are subject to the terms and conditions specified in
the Burton Act and the public trust. During the four decades since
passage of the Burton Act, issues have arisen concerning the
application of the McAteer-Petris Act to the piers along the San
Francisco waterfront. To address those issues, BCDC and the Port
undertook two intensive and careful planning processes, which lasted
over nine years.
(e) The first process culminated in 1997 with the adoption by the
Port of the Waterfront Land Use Plan and with the adoption by the
Board of Supervisors of the City and County of San Francisco and the
Planning Commission of the City and County of San Francisco
of conforming amendments to the city's General Plan and
Planning Code.
(f) In July 2000, after the second five-year cooperative process
involving the Port, BCDC, the Save San Francisco Bay Association, and
numerous interested community groups and individuals was completed,
the Port adopted further amendments to the Waterfront Land Use Plan.
BCDC also adopted amendments to the Special Area Plan that is
incorporated into, and made a part of, the Bay Plan, to create
consistent plans for the area of the San Francisco waterfront between
Pier 35 and China Basin. At the present time, the Special Area Plan
addresses specific McAteer-Petris Act issues relating to public
access and the preservation and enhancement of open water as a bay
resource in this area. The plan also defines public access
opportunities on each pier in this area and calls for the removal of
certain additional piers to enhance water views and create additional
bay surface area.
(g) A major objective of the joint effort described in
subdivisions (d), (e), and (f) is to establish a new criterion in the
Bay Plan that would permit fill on the San Francisco waterfront in
an area where a Special Area Plan has been adopted by BCDC for uses
that are consistent with the public trust and the Burton Act trust.
The Special Area Plan for the area between Pier 35 and China Basin
provides, in part, for all of following:
(1) The nature and extent of maximum feasible public access to the
bays bay and the waterfront, including
perimeter access at the piers, a system of integrated public parks,
promenades, a Bayside History Walk on most piers, and other
significant access features on piers where appropriate.
(2) Two major public plazas, the Brannan Street Wharf adjacent to
Pier 30-32 and a new plaza at Pier 27.
(3) A public planning process to lead to the creation of a third
major public plaza in the Fisherman's Wharf area.
(4) The restoration and preservation of significant open water
basins and areas through the removal of certain piers to uncover
additional bay surface and the restriction of new bay fill in open
water basins and areas to minor amounts needed to improve public
access and shoreline appearance and accommodate permissible
water-oriented uses.
(5) The creation and funding of a special fund within the Port to
finance the removal of the selected piers and the construction and
maintenance of those public plazas.
(6) A historic preservation mechanism to ensure preservation and
enhancement of important historic resources on the piers, including
the designation of on the National
Register of Historic Places of the Embarcadero Historic
District.
(7) The preservation and improvement of existing views and
creation of new views of the bay from the shoreline.
(8) The ability of the Port to repair, improve, or use the piers
not designated for removal between Pier 35 and China Basin for any
purpose consistent with the Burton Act, the public trust, and the
Special Area Plan.
(h) The San Francisco waterfront, which has been the subject of
this planning process, provides benefits to the entire bay area, and
serves as a unique destination for the state and region's public.
These state and region wide benefits include enjoyment of a unique,
publicly owned waterfront that provides special maritime,
navigational, recreational, cultural, and historical benefits that
serve the bay area. Accordingly, the adoption by BCDC, and the
ratification by the Legislature, of the Special Area Plan, as
amended, is necessary to protect the health, safety, and welfare of
the public in the entire bay area for purposes of subdivision (f) of
Section 66632 of the Government Code.
(i) The Port is a valuable public trust asset, a vibrant and
world-renowned tourist destination, and a vital component of the
regional, state, and national economies. The Port faces unique
challenges in implementing the Waterfront Land Use Plan. Deferred
maintenance on the Port's numerous historic piers and other
structures, together with limitations on revenue generating
opportunities, has caused deteriorating conditions along the San
Francisco waterfront. The Port's estimate of the cost of implementing
its capital plan is over two billion dollars ($2,000,000,000), which
substantially exceeds the projected revenues estimated by the Port
to be available for these purposes.
SEC. 212. Section 34 of Chapter 37 of the Statutes of 2013 is
amended to read:
Sec. 34. (a) At least 30 days prior to enrollment of beneficiaries
into the Coordinated Care Initiative, the Director of Finance shall
estimate the amount of net General Fund savings obtained from the
implementation of the Coordinated Care Initiative. This estimate
shall take into account any net savings to the General Fund achieved
through the tax imposed pursuant to Article 5 (commencing with
Section 6174) of Chapter 2 of Part 1 of Division 2 of the Revenue and
Taxation Code Article 5 (commencing with Section 6174)
.
(b) (1) By January 10 for each fiscal year after implementation of
the Coordinated Care Initiative, for as long as the Coordinated Care
Initiative remains operative, the Director of Finance shall estimate
the amount of net General Fund savings obtained from the
implementation of the Coordinated Care Initiative.
(2) Savings shall be determined under this subdivision by
comparing the estimated costs of the Coordinated Care Initiative, as
approved by the federal government, and the estimated costs of the
program if the Coordinated Care Initiative were not operative. The
determination shall also include any net savings to the General Fund
achieved through the tax imposed pursuant to Article 5 (commencing
with Section 6174) of Chapter 2 of Part 1 of Division 2 of the
Revenue and Taxation Code.
(3) The estimates prepared by the Director of Finance, in
consultation with the Director of Health Care Services, shall be
provided to the Legislature.
(c) (1) Notwithstanding any other law, if, at least 30 days prior
to enrollment of beneficiaries into the Coordinated Care Initiative,
the Director of Finance estimates pursuant to subdivision (a) that
the Coordinated Care Initiative will not generate net General Fund
savings, then the activities to implement the Coordinated Care
Initiative shall be suspended immediately and the Coordinated Care
Initiative shall become inoperative July 1, 2014.
(2) If the Coordinated Care Initiative becomes inoperative
pursuant to this subdivision, the Director of Health Care Services
shall provide any necessary notifications to any affected entities.
(3) For purposes of this subdivision and subdivision (d) only,
"Coordinated Care Initiative" means all of the following statutes and
any amendments to the following:
(A) Sections 14132.275, 14183.6, and 14301.1 of the Welfare and
Institutions Code, as amended by this act.
(B) Sections 14132.276, 14132.277, 14182.16, 14182.17, 14182.18,
and 14301.2 of the Welfare and Institutions Code.
(C) Article 5.7 (commencing with Section 14186) of Chapter 7 of
Part 3 of Division 9 of the Welfare and Institutions Code.
(D) Title 23 (commencing with Section 110000) of the Government
Code.
(E) Section 6531.5 of the Government Code.
(F) Section 6253.2 of the Government Code, as amended by this act.
(G) Sections 12300.5, 12300.6, 12300.7, 12302.6, 12306.15, 12330,
14186.35, and 14186.36 of the Welfare and Institutions Code.
(H) Sections 10101.1, 12306, and 12306.1 of the Welfare and
Institutions Code, as amended by this act.
(I) The amendments made to Sections 12302.21 and 12302.25 of the
Welfare and Institutions Code, as made by Chapter 439 of the Statutes
of 2012.
(d) (1) Notwithstanding any other law, and beginning in 2015, if
the Director of Finance estimates pursuant to subdivision (b) that
the Coordinated Care Initiative will not generate net General Fund
savings, the Coordinated Care Initiative shall become inoperative
January 1 of the following calendar year, except as follows:
(A) Section 12306.15 of the Welfare and Institutions Code shall
become inoperative as of July 1 of that same calendar year.
(B) For any agreement that has been negotiated and approved by the
Statewide Authority, the Statewide Authority shall continue to
retain its authority pursuant to Section 6531.5 and Title 23
(commencing with Section 110000) of the Government Code and Sections
12300.5, 12300.6, 12300.7, and 12302.6 of the Welfare and
Institutions Code, and shall remain the employer of record for all
individual providers covered by the agreement until the agreement
expires or is subject to renegotiation, whereby the authority of the
Statewide Authority shall terminate and the county shall be the
employer of record in accordance with Section 12302.25 of the Welfare
and Institutions Code and may establish an employer of record
pursuant to Section 12301.6 of the Welfare and Institutions Code.
(C) For an agreement that has been assumed by the Statewide
Authority that was negotiated and approved by a predecessor agency,
the Statewide Authority shall cease being the employer of record and
the county shall be reestablished as the employer of record for
purposes of bargaining and in accordance with Section 12302.25 of the
Welfare and Institutions Code, and may establish an employer of
record pursuant to Section 12301.6 of the Welfare and Institutions
Code.
(2) If the Coordinated Care Initiative becomes inoperative
pursuant to this subdivision, the Director of Health Care Services
shall provide any necessary notifications to any affected entities.
SEC. 213. Section 1 of Chapter 391 of the Statutes of 2013 is
amended to read:
Section 1. The Legislature finds and declares that the purpose of
this act is to approve an agreement pursuant to Section 3517.5 of the
Government Code entered into by the state employer and State
Bargaining Units 6, 7, 9, 12, 16, 18, and 19.
SEC. 214. Section 5 of Chapter 391 of the Statutes of 2013 is
amended to read:
Sec. 5. (a) The sum of fourteen million eight hundred forty-nine
thousand dollars ($14,849,000) is hereby appropriated for State
Bargaining Unit 6 for expenditure in the 2013-14 fiscal year in
augmentation of, and for the purpose of, state employee compensation,
as provided in items 9800-001-0001, 9800-001-0494, and 9800-001-0988
of Section 2.00 of the Budget Act of 2013 (Chapter 20
(Chapters 20 and 354 of the Statutes of 2013) in
accordance with the following schedule:
(1) Fourteen million seven hundred forty-six thousand dollars
($14,746,000) from the General Fund in augmentation of Item
9800-001-0001.
(2) Sixty-nine thousand dollars ($69,000) from unallocated special
funds in augmentation of Item 9800-001-0494.
(3) Thirty-four thousand dollars ($34,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
(b) The sum of one million eighty-four thousand dollars
($1,084,000) is hereby appropriated for State Bargaining Unit 7 for
expenditure in the 2013-14 fiscal year in augmentation of, and for
the purpose of, state employee compensation, as provided in items
9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.0 of the
Budget Act of 2013 (Chapter 20 (Chapters 20
and 354 of the Statutes of 2013) in accordance with the
following schedule:
(1) Three hundred twenty thousand dollars ($320,000) from the
General Fund in augmentation of Item 9800-001-0001.
(2) Five hundred twelve thousand dollars ($512,000) from
unallocated special funds in augmentation of Item 9800-001-0494.
(3) Two hundred fifty-two thousand dollars ($252,000) from other
unallocated nongovernmental cost funds in augmentation of item
9800-001-0988.
(c) The sum of one million five hundred ninety-seven thousand
dollars ($1,597,000) is hereby appropriated for State Bargaining Unit
12 for expenditure in the 2013-14 fiscal year in augmentation of,
and for the purpose of, state employee compensation as provided in
items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.0
of the Budget Act of 2013 (Chapter 20
(Chapters 20 and 354 of the Statutes of 2013) in accordance
with the following schedule:
(1) Five hundred sixteen thousand dollars ($516,000) from the
General Fund in augmentation of Item 9800-001-0001.
(2) Seven hundred twenty-four thousand dollars ($724,000) from
unallocated special funds in augmentation of Item 9800-001-0494.
(3) Three hundred
fifty-seven thousand dollars ($357,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
(d) The sum of one million five thousand dollars ($1,005,000) is
hereby appropriated for State Bargaining Unit 18 for expenditure in
the 2013-14 fiscal year in augmentation of, and for the purpose of,
state employee compensation as provided in items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.0 of the Budget Act of
2013 (Chapter 20 (Chapters 20 and 354
of the Statutes of 2013) in accordance with the following schedule:
(1) Nine hundred twenty-four thousand dollars ($924,000) from the
General Fund in augmentation of Item 9800-001-0001.
(2) Fifty-four thousand dollars ($54,000) from unallocated special
funds in augmentation of Item 9800-001-0494.
(3) Twenty-seven thousand dollars ($27,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
(e) The sum of three thousand dollars ($3,000) is hereby
appropriated for State Bargaining Unit 19 for expenditure in the
2013-14 fiscal year in augmentation of, and for the purpose of, state
employee compensation as provided in items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of
2013, (Chapter 20 (Chapters 20 and 354
of the Statutes of 2013) in accordance with the following schedule:
(1) Three thousand dollars ($3,000) from the General Fund in
augmentation of Item 9800-001-0001.
(2) Zero dollars ($0) from unallocated special funds in
argumentation of Item 9800-001-0494.
(3) Zero dollars ($0) from other unallocated nongovernmental cost
funds in augmentation of Item 9800-001-0988.
SEC. 215. Section 2 of Chapter 653 of the Statutes of 2013 is
amended to read:
Sec. 2. It is the intent of the Legislature that the changes made
to law by this act shall only affect specified professional athletes
and employers of specified professional athletes. The changes made to
law by this act shall not affect any other employer or employee in
the State of California.
SEC. 216. Any section of any act enacted by the Legislature during
the 2014 calendar year that takes effect on or before January 1,
2015, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered, added,
repealed and added, or repealed by this act, shall prevail over this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act. The repeal, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2014 calendar year and takes
effect on or before January 1, 2015, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.