The people of the State of California do enact as follows:

SECTION 1.
Section 17952.7 is added to the Revenue and Taxation Code, to read:
17952.7.
(a) For purposes of computing “taxable income of a nonresident or part-year resident” under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include “de minimis income” received on or after January 1,
2016,
2017,
for any part of the taxable year during which the taxpayer was not a resident of this state.
(b) For purposes of this section, the following definitions shall apply:
(1) “De minimis income” means compensation
otherwise
subject to withholding under Chapter 2 (commencing with Section 13020) of Division 6 of the Unemployment Insurance
Code, without regard to Section 13020.5 of the Unemployment Insurance Code,
Code
that is received by a nonresident if the following apply:
(A) The nonresident has no other income from sources within this state for the taxable year in which the compensation was received.
(B) The nonresident is present in this state to perform employment duties on behalf of an employer and any other related person for not more than
20
9
calendar days during the taxable year in which the compensation is received. For purposes of this subparagraph, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state.
(C) The nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax.
(2) “Related person” means a person that, with respect to the employer during all or any portion of the taxable year, is one of the following:
(A) A related entity.
(B) A member of a commonly controlled group, within the meaning of Section 25105.
(C) A person to or from whom there is attribution of stock ownership in accordance with subdivision (e) of Section 25105.
(D) A person that, notwithstanding its form of organization, bears the same relationship to the employer as a person described in subparagraphs (A), (B), or (C), inclusive.
(3) “Related entity” means any of the following:
(A) A stockholder who is an individual, or a member of the stockholder’s family set forth in Section 318 of the Internal Revenue Code, relating to constructive ownership of stock, if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock.
(B) A stockholder, or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock.
(C) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code if the employer owns, directly, indirectly, beneficially, or constructively, at least 50 percent of the value of the corporation’s outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirement of this definition has been met.
(c) This section shall not apply to compensation received by any of the following:
(1) An individual who is a professional athlete or member of a professional athletic team.
(2) An individual who is a professional entertainer who performs services in the professional performing arts.
(3) An individual of prominence who performs services for compensation on a per-event basis.
(4) An individual who is identified as a key employee, within the meaning of Section
416(i)(1)(A)(i)
416(I)(1)(A)(i)
of the Internal Revenue Code, for the taxable year immediately preceding the current taxable year.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.
Section 18501.5 is added to the Revenue and Taxation Code, to read:
18501.5.
(a) (1) Notwithstanding Section 18501 and except as provided in paragraph (2), a nonresident whose only income from sources in this state is compensation that is excluded pursuant to Section 17952.7 has no tax liability under Section 17041 and is not required to file a return.
(2) Upon request by the Franchise Tax Board, a nonresident may be required to file an information return.
(b) This section is applicable to the determination of an individual income taxpayer’s filing requirement and has no application to the imposition of, or jurisdiction to impose, a tax under Part 10 (commencing with Section 17001) or any other tax on any taxpayer.
(c) Nothing contained in this section is intended to have any bearing on the sourcing rules for determining the taxability by this state of deferred compensation earned by performing services in this state during any portion of the applicable vesting period, whether by stock option, restricted stock units, or any other means, based on a formula comparing the number of working days in this state to the number of working days elsewhere, and no de minimis period, as described in Section 17952.7, applies to those determinations.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.
Section 13020.5 is added to the
Unemployment Insurance Code
, to read:
13020.5.
(a)Notwithstanding Section 13020, no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from income subject to tax pursuant to Section 17952.7 of the Revenue and Taxation Code. The number of days a nonresident employee is present in this state for purposes of Section 17952.7 of the Revenue and Taxation Code shall include all such days the nonresident employee is present and performing employment duties in the state on behalf of the employer and any other related person, as defined in subdivision (b) of Section 17952.7 of the Revenue and Taxation Code. For purposes of this subdivision, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state.
(b)An employer that has erroneously applied the exception provided by this section solely as a result of miscalculating the number of days a nonresident employee is present in this state to perform employment duties shall not be subject to a penalty resulting from the erroneous application of the exception provided in this section if one of the following applies:
(1)The employer relied on a regularly maintained time and attendance system that satisfies both of the following conditions:
(A)The system requires the employee to record, on a contemporaneous basis, his or her work location each day the employee is present in a state other than the state of residence or the state where services are considered performed under the Unemployment Insurance Code.
(B)The system is used by the employer to allocate the employee’s wages between all taxing jurisdictions in which the employee performs duties.
(2)The employer does not maintain a time and attendance system described in paragraph (1) and relied on employee travel records that the employer requires the employee to maintain and record on a regular and contemporaneous basis.
(3)The employer does not maintain a time and attendance system described in paragraph (1), does not require the maintenance of employee records described in paragraph (2), and relied on travel expense reimbursement records that the employer requires the employee to submit on a regular and contemporaneous basis.
(c)This section establishes an exception to withholding and deduction requirements and has no application to the imposition of, or jurisdiction to impose, this or any other tax on any employee.
(d)This section shall remain in effect only until January 1, 2021.
SEC. 3.
Section 13006 of the Unemployment Insurance Code is amended to read:
13006.
“Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code.
Until January 1, 2021, “gross income” shall also exclude de minimis income excluded from the gross income of a nonresident under Section 17952.7 of the Revenue and Taxation Code.

Summary: Existing law, the Personal Income Tax Law, imposes a tax on the entire taxable income of a resident taxpayer subject to that law, and provides for a specified treatment of the income of nonresidents. For purposes of computing the taxable income, the gross income of a nonresident includes only the gross income from sources within this state. Existing law requires every taxpayer subject to tax under the law to file a return with the Franchise Tax Board, stating specifically the items of the gross income from all sources and the deductions and credits allowable, as provided. This bill would provide, for purposes of computing the taxable income of a nonresident, that the gross income of a nonresident from sources within this state does not include “de minimis income,” defined as compensation subject to specified withholding if the nonresident has no other income from sources within this state, is present in this state to perform employment duties on behalf of an employer and any other related person for not more than 20 9 calendar days during the taxable year in which the compensation is received, if the compensation is received on or after January 1, 2016, 2017, for any part of the taxable year during which the taxpayer was not a resident of this state, and the nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. Except as specified, the bill would provide that a nonresident whose only income from sources in this state is compensation excluded pursuant to these provisions has no personal income tax liability and is not required to file a return. The bill would repeal these provisions on January 1, 2021. Existing law requires every employer who pays wages to a nonresident employee for services performed in this state to deduct and withhold from those wages, except as provided, the amount of specified income taxes. taxes reasonably estimated to be due from the inclusion of those wages in the employee’s gross income. This bill bill, until January 1, 2021, would provide that no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from provide, for those tax withholding purposes, that gross income excludes de minimis income excluded from a nonresident’s income subject to tax pursuant to the aforementioned provisions. The bill would repeal these provisions on January 1, 2021.

An act to add and repeal Sections 17952.7 and 18501.5 of the Revenue and Taxation Code, and to
add and repeal Section 13020.5
amend Section 13006
of the Unemployment Insurance Code, relating to taxation.


The people of the State of California do enact as follows:

SECTION 1.
Section 1203.45 of the Penal Code is amended to read:
1203.45.
(a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence.
(b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220.
(B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.
(g) A person who is 26 years of age or older and petitions for an order sealing a record under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court, not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors, not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in a case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.
SEC. 2.
Section 781 of the Welfare and Institutions Code is amended to read:
781.
(a) (1) (A) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition, to have custody of the records. The court shall notify the district attorney of the county and the county probation officer, if he or she is not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.
(B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received.
(C) In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials.
(D) Notwithstanding any other law, the court shall not order the person’s records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older.
(2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision.
(3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision.
(4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection.
(b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.
(c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.
(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.
(3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles.
(4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records.
(d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when he or she was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.
(e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity.
(f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law.
(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed.
(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
(h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following:
(A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court.
(B) A person who is brought before a probation officer pursuant to Section 626.
(2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed.
SEC. 3.
Section 903.3 of the Welfare and Institutions Code is amended to read:
903.3.
(a)  A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person.
(b) In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.
(c) Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.
(d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 1203.45 of the Penal Code, and to amend Sections 781 and 903.3 of the Welfare and Institutions Code, relating to court records.


The people of the State of California do enact as follows:

SECTION 1.
Section 6603 of the Welfare and Institutions Code is amended to read:
6603.
(a) A person subject to this article shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall appoint counsel to assist him or her, and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code.
(b) The attorney petitioning for commitment under this article shall have the right to demand that the trial be before a jury.
(c) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601.
(2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following:
(A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals.
(B) The evaluator’s license has been suspended or revoked.
(C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code.
(D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in his or her most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment.
(d) This section does not prevent the defense from presenting otherwise relevant and admissible evidence.
(e) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury.
(f) A unanimous verdict shall be required in any jury trial.
(g) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision.
(h) This section does not limit any legal or equitable right that a person may have to request DNA testing.
(i) Subparagraph (D) of paragraph (2) of subdivision (c) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion.
(j) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (c). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose.
(2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code.
(3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article.
(4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code.
SEC. 2.
Nothing in this act is intended to affect the determination by the Supreme Court of California, in People v. Superior Court (Smith) (Docket No. S225562), whether an expert retained by the district attorney in a proceeding under the Sexually Violent Predator Act (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code) is entitled to review otherwise confidential treatment information under Section 5328 of the Welfare and Institutions Code.

Summary: Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists designated by the Director of State Hospitals. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the director is required to forward a request for a petition for commitment to the district attorney or county counsel, who may then file the petition with the court. Under existing law, if the attorney petitioning for commitment determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the department to perform updated evaluations, which include the review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated. Existing law requires that the department forward the updated evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing. This bill would require the evaluator performing an updated evaluation to include a statement listing the medical and psychological records reviewed by the evaluator, and would direct the court to issue a subpoena, upon the request of either party to the civil commitment proceeding, for a certified copy of these records. The bill would authorize the attorneys to use the records in the commitment proceeding, but would prohibit disclosure of the records for any other purpose.

An act to amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators.


The people of the State of California do enact as follows:

SECTION 1.
Section 42356 of the Public Resources Code is amended to read:
42356.
For purposes of this chapter, the following definitions apply:
(a) “ASTM” means
ASTM International, which was formerly known
as
the American Society for Testing and Materials.
(b) (1) “ASTM standard specification” means one of the following:
(A) The ASTM Standard Specification for Compostable Plastics D6400, as published in September 2004, except as provided in subdivision (c) of Section 42356.1.
(B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1.
(C) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868, as published in August 2003, except as specified in subdivision (c) of Section 42356.1.
(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c) “Department” means the Department of Resources Recycling and Recovery.
(d) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product.
(e) “OK home compost” means conformity with the existing Vincotte certification “OK Compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte program “OK 2-Home Compostability of Products.”
(f) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following:
(1) (A) A consumer product.
(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2) A package or a packaging component.
(3) A bag, sack, wrap, or other thin plastic sheet film product.
(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(g) “Supplier” means a person who does one or more of the following:
(1) Sells, offers for sale, or offers for promotional purposes, a plastic product that is used.
(2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
(h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian-accredited inspection and certification organization Vincotte.
SEC. 2.
Section 42357 of the Public Resources Code is amended to read:
42357.
(a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section
42356
42356,
or the Vincotte OK Compost HOME certification, as provided in paragraph (4).
(2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C).
(B) Notwithstanding paragraph (1), if
the
ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b) Except as provided in subdivision
(a),
(a) or (e),
a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.
(d) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(e) (1) If ASTM adopts a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the director may adopt that ASTM standard specification.
(2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if it meets an ASTM standard specification that the director has adopted pursuant to paragraph (1).
(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications.

Summary: Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions. This bill would authorize the labeling of commercial agricultural mulch film, as defined, sold in the state as “soil biodegradable” if it meets a specified standard for biodegradability of plastics adopted by ASTM International and that standard is also adopted by the Director of Resources Recycling and Recovery. The bill also would make nonsubstantive changes relating to the definition of ASTM International.

An act to amend Sections 42356 and 42357 of the Public Resources Code, relating to solid waste.


The people of the State of California do enact as follows:

SECTION 1.
Section 23103 of the Vehicle Code is amended to read:
23103.
(a)  A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)  A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
(d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days.
(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
SEC. 2.
Section 23109 of the Vehicle Code is amended to read:
23109.
(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.
(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days.
(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.
(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.
(2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522.
(3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:
(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l) This section shall be known and may be cited as the Louis Friend Memorial Act.
SEC. 3.
Section 23109.2 of the Vehicle Code is amended to read:
23109.2.
(a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.
(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109.
(B) Reckless driving on a highway, as described in subdivision (a) of Section 23103.
(C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
(D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.
(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
(C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a).
(D) If the legal owner or registered owner of the vehicle is a rental car agency.
(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.
(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
(5) The vehicle may not be sold prior to the defendant’s conviction.
(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.
(f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days. This bill would require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Sections 23103, 23109, and 23109.2 of the Vehicle Code, relating to vehicles.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares the following:
(a)According to the Employment Development Department, Labor Market Information Division, there were over 600,000 long-term unemployed in California in February of 2014, well above pre-Great Recession levels.
(b)Counting people who are out of work and have stopped searching, California had the highest “U6” unemployment rate in the country, 15.8 percent, in late 2014.
(c)The federal Supplemental Nutrition Assistance Program Employment and Training Program offers a dollar for dollar federal match of allowable expenses to fund employment training and post-employment support for CalFresh recipients for the purposes of increasing future earnings in order to reduce their dependence on CalFresh.
SEC. 2.
SECTION 1.
Section 11327.10 is added to the Welfare and Institutions Code, to read:
11327.10.
(a)
When a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, pursuant to Section 11327.4, the recipient shall not be assigned a CalFresh penalty until the county has
determined
completed all of the following:
(1) Determined
that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work,
and
the county has notified the recipient that the recipient is not eligible for an
exemption, and has instructed
exemption.
(2)
I
nstructed
the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements.
If
(b) If
the recipient complies with the requirements during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty shall be canceled and shall not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods.
If a county elects to administer a CalFresh E&T program pursuant to Section 18926.5, it shall screen these recipients pursuant to paragraph (b) of Section 18926.5 before placement into the program. Receipt
(c) A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt
of CalWORKs cash aid by another person in the recipient’s household does not impact the eligibility of a CalFresh recipient to participate in a CalFresh E&T program.
SEC. 3.
SEC. 2.
Section 18901.65 is added to the Welfare and Institutions Code, to read:
18901.65.
The department shall seek a federal waiver to allow county human services agencies to serve CalFresh E&T program recipients for up to five months, to match the length of service for transitional CalFresh benefits, established in Section
18901.6, with the post-employment services of the CalFresh E&T program, established in Section 18926.5, for a period of up to five months.
18901.6.
SEC. 4.
SEC. 3.
Section 18901.12 is added to the Welfare and Institutions Code, to read:
18901.12.
The state shall include the CalFresh E&T program in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs.
SEC. 5.
SEC. 4.
Section 18901.13 is added to the Welfare and Institutions Code, to read:
18901.13.
(a) The department shall, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and
post-secondary
postsecondary
education and vocational training programs at California Community Colleges, annually issue guidance through all-county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T
program, and support any county seeking approval by the United States Department of Agriculture to include a community college component in its approved CalFresh E&T program plan.
program.
(b) The guidance provided for in this section
may be issued with other employment and training guidance not specific to community colleges and
shall include:
(1) A
list of approved sources of
description of requirements for a
state share match
for
that is specific to
community college CalFresh E&T programs.
(2) A list of education courses
that would be approved
known by the department to qualify
under Section 4007 of the Agricultural Act of 2014 (7 U.S.C. Sec. 2015(e)(3)(B)), which are either:
(A) Part of a program of career and technical education, as defined in the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. Sec. 2302) that may be completed within four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. Sec. 1002).
(B) Limited to remedial courses, basic adult education, literacy, or English as a second language.
(3) The additional outcomes that are required to be reported beyond those required by subdivision (c) of Section 18926.5, when a county’s CalFresh E&T program includes a community college component.
(4) The process for verifying that a student is eligible to participate in the CalFresh E&T program at a community college. A student is eligible to be assigned to participate in the program by the county human services agency or designee of the agency only as a volunteer, not as a mandatory participant. A CalFresh recipient also receiving CalWORKs cash aid
or CalWORKs postemployment services
is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by other people in his or her household shall not impact his or her eligibility for the CalFresh E&T program.
(c) Nothing in this section requires a county to offer a particular component as a part of its CalFresh E&T plan or restricts the use of federal funds for the financing of CalFresh E&T programs.
SEC. 6.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits, formerly referred to as food stamps, are allocated to each state by the federal government. That program, as administered in California, is known as CalFresh. Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits. Existing law authorizes counties to participate in the CalFresh Employment and Training program, established with the purpose of assisting members of CalFresh households to obtain regular employment, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be exempt from, the CalFresh ET program. The bill would require the State Department of Social Services to request a waiver from the federal government to allow county human services agencies to serve CalFresh ET recipients for up to 5 months, to match the length of services of transitional CalFresh benefits with the post-employment services of the CalFresh ET program, for a period of up to 5 months . By imposing additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the department, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and post-secondary postsecondary education and vocational training programs at California community colleges, annually issue guidance through all county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh ET program, as specified. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, the individual is subject to prescribed financial sanctions. This bill would provide that when a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, the recipient shall not be assigned a CalFresh penalty until the county has determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. The bill would also require that if the CalFresh recipient complies with the requirement during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty would be canceled and would not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the CalFresh ET program to be included in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. The bill would state findings and declarations by the Legislature relative to unemployment rates and CalFresh recipients. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Sections 11327.10,
18901.11,
18901.65,
18901.12, and 18901.13 to the Welfare and Institutions Code, relating to public social services.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Legislature has previously provided funding for replacement of polluting and aged schoolbuses in small and disadvantaged communities.
(b) Schoolbus replacement programs currently exist in the Bay Area and the Los Angeles Basin. For example, the Lower-Emission School Bus Program is a partnership between the State Air Resources Board and air districts, and is administered by the Bay Area Air Quality Management District in the Bay Area. The goals of that program are to reduce the exposure of schoolchildren to harmful emissions of particulate matter, oxides of nitrogen, and nonmethane hydrocarbons, which contribute to summertime smog.
(c) Air districts currently evaluate qualified projects in disproportionately impacted communities, according to regional poverty level, particulate matter exposure, toxic exposure, and disproportionate impact mapping that works to promote schoolbus replacement in densely populated areas.
(d) It is also necessary to provide funding for schoolbus replacement in less populated areas with disadvantaged communities.
SEC. 2.
Section 39719.4 is added to the Health and Safety Code, to read:
39719.4.
(a) The Schoolbus Replacement for Small and Disadvantaged Communities Grant Program is hereby created, to be administered by the State Department of Education in conjunction with the state board. Commencing in the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) annually is hereby appropriated from the fund to the department to fund the purchase of new schoolbuses to replace existing schoolbuses by applicants eligible under this section. Funds made available under the program shall be used to reduce greenhouse gas emissions in the state in accordance with Section 39712.
(b) (1) A school district or county office of education with an average daily attendance of less than 2,501, with more than 50 percent of the pupil population qualifying for free or reduced-price lunch programs, shall be eligible to apply to the department for a grant under this section.
(2) A school district or county office of education meeting the requirements of paragraph (1) and providing pupil transportation services through a cooperative, consortium, or joint powers agreement, shall be an eligible applicant under the program.
(3) The Division of State Special Schools of the State Department of Education shall also be an eligible applicant under the program.
(c) The State Department of Education shall develop priority categories for funds available under this section based solely on vehicle age and accumulated mileage. An eligible applicant shall submit, as evidence of the condition of the vehicle to be replaced, the most recent inspection report of the Department of the California Highway Patrol, a repair estimate made by an independent repair shop, and any other information requested by the department.
(d) The State Department of Education shall estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced. Program funds made available to an applicant for a schoolbus may not exceed that estimated cost. However, an applicant may use other funds available to the applicant to purchase a schoolbus that is more expensive than the model used by the department to make its cost estimate.
(e) A schoolbus purchased with funds made available by this section shall meet the requirements of federal Motor Vehicle Safety Standard 222.
(f) (1) A schoolbus that has been disposed of is not eligible for replacement under the program.
(2) For an eligible applicant with fewer than three schoolbuses, a schoolbus shall be considered disposed of for the purposes of replacement if it is designated as a temporary schoolbus. A temporary schoolbus is a schoolbus that has annual mileage of no more than 10 percent of the total average annual mileage of all nontemporary schoolbuses of that applicant measured over the prior five years.
(3) After a schoolbus is designated as a temporary schoolbus, it may only be used as a schoolbus if it is in compliance with all applicable provisions of the Vehicle Code and associated regulations.
(g) Schoolbus purchases with funds made available under the program shall be made by the Department of General Services, to the extent practicable. The title to a schoolbus purchased by the Department of General Services shall be in the name of the applicant for which the schoolbus was purchased.
(h) Funds shall be made available for schoolbuses used in special education in a proportion to total funding not less than the proportion of special education schoolbuses to the total number of schoolbuses in the state, as determined by the State Department of Education. The department may adopt regulations to implement this section in an equitable manner.
SECTION 1.
Section 9552 of the
Vehicle Code
is amended to read:
9552.
(a)When a vehicle is operated on a highway of this state without the fees first having been paid as required by this code, and those fees have not been paid within 30 days of its first operation, those fees are delinquent, except as provided in subdivision (b).
(b)Fees are delinquent when an application for renewal of registration, or an application for renewal of special license plates, is made after midnight of the expiration date of the registration or special plates, or 60 days after the date the registered owner is notified by the department pursuant to Section 1661, whichever is later.
(c)When a person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this code within 10 days, the fee is delinquent.
(d)When a person becomes an automobile dismantler, dealer, manufacturer, manufacturer branch, distributor, distributor branch, or transporter without first having paid the license and special plate fees as required by this code, the fees are delinquent.

Summary: Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes. Existing law provides various programs to fund the acquisition of schoolbuses. This bill would create the Schoolbus Replacement for Small and Disadvantaged Communities Grant Program, and would appropriate $5 million annually from the Greenhouse Gas Reduction Fund to the State Department of Education for the program. The program would be administered by the department in conjunction with the State Air Resources Board, and would provide schoolbus replacement grants to school districts or county offices of education with an average daily attendance of less than 2,501 and with more than 50 of the pupil population qualifying for free or reduced-rate lunch programs, and to certain other eligible applicants. The bill would impose various requirements in that regard. The bill would also make legislative findings and declarations. Under existing law, fees required by the Vehicle Code are delinquent when a vehicle is operated on a highway without those fees first having been paid and when those fees have not been paid within 20 days of the vehicle’s first operation, subject to specified exceptions. This bill would increase that amount of time to 30 days.

An act to amend Section 9552 of the Vehicle Code, relating to vehicles.
An act to add Section 39719.4 to the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor.


The people of the State of California do enact as follows:

SECTION 1.
Section 3701 of the Business and Professions Code is amended to read:
3701.
(a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care.
(b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services.
(c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed.
SEC. 2.
Section 3702 of the Business and Professions Code is amended to read:
3702.
(a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following:
(1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient.
(2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon.
(3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures.
(4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions.
(5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care.
(b) As used in this section, the following apply:
(1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system.
(2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners.
SEC. 3.
Section 3702.7 of the Business and Professions Code is amended to read:
3702.7.
The respiratory care practice is further defined and includes, but is not limited to, the following:
(a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support.
(b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure.
(c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R).
(d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances.
(e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575).
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of the practice of respiratory therapy by the Respiratory Care Board of California. A violation of the act is a crime. Existing law declares it is the intent of the Legislature to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems, as specified. Existing law also states that nothing in the act shall be construed to authorize a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by the act. This bill, for intent purposes, would define “overlapping functions” to include providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided certain requirements are met. Under existing law, respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes, among other things, direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. Existing law provides for the registration and regulation of certified polysomnographic technologists by the Medical Board of California. Under existing law governing polysomnographic technologists, the practice of polysomnography is defined to include the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Existing law governing polysomnographic technologists exempts from those provisions, among others, respiratory care practitioners working within the scope of practice of their license. This bill would provide that associated aspects of cardiopulmonary and other systems functions includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. The bill would further define the respiratory care practice to include, among other things, the administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under specified supervision and direct orders, all forms of specified life support, and the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. By changing the definition of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Sections 3701, 3702, and 3702.7 of the Business and Professions Code, relating to healing arts.