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

SECTION 1.
Section 51 of the Revenue and Taxation Code is amended to read:
51.
(a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of:
(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows:
(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212.
(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.
(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.
(D) The percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value.
(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of
residence
residence, including the area of land surrounding it as is reasonably necessary for use of the dwelling as a home,
of a qualified taxpayer.
(ii) For purposes of this subparagraph, all of the following shall apply:
(I) “Qualified taxpayer” means a person who owns a dwelling as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following:
(ia) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less.
(ib) If the qualified taxpayer is married,
his or her
their
combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less.
(II) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date.
(III) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph.
(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value.
(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following:
(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a).
(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a).
In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value.
(c) If the real property was damaged or destroyed by disaster,
misfortune
misfortune,
or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170.
(d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately.
(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal.
SEC. 2.
Section 5813 of the Revenue and Taxation Code is amended to read:
5813.
(a)  For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of:
(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51,
provided,
provided
that any percentage increase shall not exceed 2 percent of the prior year’s value; or
(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value; or
(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored,
repaired
repaired,
or reconstructed or other provisions of law require establishment of a new base year value.
(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified taxpayer.
(2) For purposes of this subdivision, all of the following shall apply:
(A) “Qualified taxpayer” means a person who owns a manufactured home as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following:
(i) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less.
(ii) If the qualified taxpayer is married,
his or her
their
combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less.
(B) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date.
(C) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision.
SEC. 3.
Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
SEC. 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.
SEC. 5.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: The California Constitution generally limits ad valorem taxes on real property to 1 of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by an inflationary rate not to exceed 2 for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by the inflation factor not to exceed 2, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2 or its full cash value. This bill would provide that the inflation factor shall not apply to the principal place of residence residence, as specified, of a “qualified taxpayer,” defined by the bill to mean a person who owns a dwelling as his or her principal place of residence, or a person who owns a manufactured home as his or her principal place of residence, who is 65 years of age or older on the lien date who meets specified requirements. By changing the manner in which local tax officials calculate the taxable value of real property owned by senior citizens, this bill would impose a state-mandated local program. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. 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. This bill would take effect immediately as a tax levy.

An act to amend Sections 51 and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


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

SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. California still has approximately 3.64 million adult smokers and 224,000 youth smokers.
(b) The inevitable health care costs of smoking come to almost $10 for every pack of cigarettes sold in California.
(c) Tobacco use costs Californians more than $13.29 billion in tobacco-related medical expenses every year. The cost of lost productivity due to tobacco use adds an additional estimated $10.35 billion to the annual economic consequences of smoking in California.
(d) The treatment of cancer, heart disease and stroke, lung disease, diabetes, and other diseases related to tobacco use continues to impose a significant burden upon California’s overstressed health care system, including publicly funded health care programs.
(e) In 2015–16, it is estimated that the General Fund cost of publicly funded health care programs to the state will be more than $18 billion. In 2015–16, it is estimated that publicly funded health care programs will provide health care coverage to more than 12 million Californians. At the same time, hundreds of thousands of families and children go without any medical coverage due to financial constraints upon the state and local government budgets and recent cutbacks in publicly funded health care programs.
(f) A recent cost-benefit analysis concluded that if states followed the United States Centers for Disease Control and Prevention’s Best Practices for Comprehensive Tobacco Control Programs 2007 funding guidelines, up to 14 to 20 times the cost of program implementation could be saved through reduced medical and productivity costs as well as reduced Medicaid costs.
(g) The California Tobacco Tax Act of 2015 will help fund the comprehensive California Tobacco Control Program designed to change social norms about tobacco and discourage individuals from taking up smoking and the use of other tobacco products through educational programs, thereby saving the state and local governments significant money now and in the future.
(h) Tobacco tax increases are an appropriate way to mitigate the impacts of tobacco-related diseases and improve existing programs providing for quality and access to health care services for families and children.
(i) An increase in the tobacco tax will have an immediate effect on smoking and is the most appropriate mechanism to fund services to prevent tobacco use, help people quit smoking, and discourage many people from taking up smoking.
(j) California taxes cigarettes at only $0.87 per pack, and ranks 33rd in tobacco tax rates, reflecting one of the lowest tobacco taxes in the United States. Thirty states have cigarette tax rates of $1 per pack or higher, and California is well below other west coast states (Washington: $3.025, Oregon: $1.31, and Arizona: $2). California last raised its tobacco tax in 1998.
(k) The burden of smoking is not equally shared across California populations and communities. Tobacco use rates are much higher than the general population in African Americans, white men, Korean men, enlisted military personnel, lesbian, gay, bisexual, and transgender, young adult, rural, and low-income populations.
(l) A reinvigorated tobacco control program will allow targeted public health and research efforts to combat the tobacco industry’s predatory marketing to ethnic groups, driving down smoking rates and ultimately reducing heart disease, stroke, lung disease, and cancer in these California communities, which together represent more than
half
one-half
of our state’s residents.
SEC. 2.
Section 30104 of the Revenue and Taxation Code is amended to read:
30104.
The taxes imposed by this part shall not apply to the sale of cigarettes or tobacco products by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes or tobacco products on the facilities of the carrier. Whenever cigarettes or tobacco products are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes or tobacco products on those facilities, the tax imposed under this part shall not be levied with respect to the sales of the cigarettes or tobacco products by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes or tobacco products on the facilities of the carriers, as the case may be, for the privilege of making sales in California at the same rate as set forth under this part. Those common carriers and authorized persons shall pay the tax imposed by this section and file reports with the board, as provided in Section 30186.
SEC. 3.
Section 30108 of the Revenue and Taxation Code is amended to read:
30108.
(a) Every distributor engaged in business in this state and selling or accepting orders for cigarettes or tobacco products with respect to the sale of which the tax imposed under this part is inapplicable shall, at the time of making the sale or accepting the order or, if the purchaser is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the purchaser becomes so obligated, collect the tax from the purchaser, if the purchaser is other than a licensed distributor, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the board.
(b) Every person engaged in business in this state and making gifts of untaxed cigarettes or tobacco products as samples with respect to which the tax imposed under this part is inapplicable shall, at the time of making the gift or, if the donee is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the donee becomes so obligated, collect the tax from the donee, if the donee is other than a licensed distributor, and shall give the donee a receipt therefor in the manner and form prescribed by the board. This section shall not apply to those distributions of cigarettes or tobacco products that are exempt from tax under Section 30105.5.
(c) “Engaged in business in the state” means and includes any of the following:
(1) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business.
(2) Having any representative, agent, salesperson, canvasser, or solicitor operating in this state under the authority of the distributor or its subsidiary for the purpose of selling, delivering, or the taking of orders for cigarettes or tobacco products.
(d) The taxes required to be collected by this section constitute debts owed by the distributor, or other person required to collect the taxes, to the state.
SEC. 4.
Article 2.5 (commencing with Section 30130.50) is added to Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, to read:
Article  2.5. The California Tobacco Tax Act of 2015
30130.50.
For the purposes of this article:
(a) “Cigarette” has the same meaning as in Section 30003 as it read on January 1, 2015.
(b) “Tobacco products” includes, but is not limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50 percent, tobacco, but does not include cigarettes.
30130.51.
In addition to any other taxes imposed upon the distribution of cigarettes, there shall be imposed an additional tax upon every distributor of cigarettes at the rate of one hundred mills ($0.10) for each cigarette distributed on or after January 1, 2016.
30130.52.
(a) (1) Every dealer and wholesaler, for the privilege of holding or storing cigarettes for sale, use, or consumption, shall pay a floor stock tax for each cigarette in its possession or under its control in this state at 12:01 a.m. on January 1, 2016, at the rate of one hundred mills ($0.10) for each cigarette.
(2) Every dealer and wholesaler shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of cigarettes in its possession or under its control in this state at 12:01 a.m. on January 1, 2016. The amount of tax shall be computed and shown on the return.
(b) (1) Every licensed cigarette distributor, for the privilege of distributing cigarettes and for holding or storing cigarettes for sale, use, or consumption, shall pay a cigarette indicia adjustment tax for each California cigarette tax stamp that is affixed to any package of cigarettes and for each unaffixed California cigarette tax stamp in its possession or under its control at 12:01 a.m. on January 1, 2016, at the following rates:
(A) Two dollars and fifty cents ($2.50) for each stamp bearing the designation “25.”
(B) Two dollars ($2) for each stamp bearing the designation “20.”
(C) One dollar ($1) for each stamp bearing the designation “10.”
(2) Every licensed cigarette distributor shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of stamps described in subparagraphs (A), (B), and (C) of paragraph (1). The amount of tax shall be computed and shown on the return.
(c) The taxes required to be paid by this section are due and payable on or before July 1, 2016. Payments shall be made by remittances payable to the board and the payments shall accompany the return and forms required to be filed by this section.
(d) Any amount required to be paid by this section that is not timely paid shall bear interest at the rate and by the method established pursuant to Section 30202 from July 1, 2016, until paid, and shall be subject to determination, and redetermination, and any penalties provided with respect to determinations and redeterminations.
30130.54.
(a) The California Tobacco Tax Act of 2015 Fund is hereby established in the State Treasury for the purposes set forth in this article. All revenues, less refunds and moneys transferred pursuant to Section 30130.53, derived from the taxes imposed by this article shall be deposited in the California Tobacco Tax Act of 2015 Fund.
(b) Moneys in the California Tobacco Tax Act of 2015 Fund shall be transferred as follows:
(1)
___
Fourteen
percent to the Tobacco Prevention and Education Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund.
(2)
___
Eighty-four
percent to the Tobacco Disease Related Health Care Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund.
(3)
___
Two
percent to the Tobacco Law Enforcement Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund.
(c) Funds deposited into the California Tobacco Tax Act of 2015 Fund may be placed into the Pooled Money Investment Account for investment only, and interest earned shall be credited to the fund and deposited, apportioned, and expended only in accordance with this article and its purposes.
(d) Notwithstanding any other law, the taxes imposed by this article and the revenue derived therefrom, including investment interest, shall not be considered to be part of the General Fund, as that term is used in Chapter 1 (commencing with Section 16300) of Part 2 of Division 4 of the Government Code, shall not be considered General Fund revenue for purposes of Section 8 of Article XVI of the California Constitution, and its implementing statutes, and shall not be considered “moneys to be applied by the state for the support of school districts and community college districts” pursuant to Section 8 of Article XVI of the California Constitution, and its implementing statutes.
(e) Notwithstanding any other law, revenues deposited into the California Tobacco Tax Act of 2015 Fund, and any interest earned by the fund, shall only be used for the specific purposes set forth in this article. Revenues deposited into the California Tobacco Tax Act of 2015 Fund shall not be subject to appropriation, reversion, or transfer by the Legislature, the Governor, the Director of Finance, or the Controller for any other purpose, nor shall the funds be loaned to the General Fund or any other fund of the state or any local government fund.
(f) All revenues deposited into the California Tobacco Tax Act of 2015 Fund shall be expended only for the purposes expressed in this article, and shall be used only to supplement existing levels of service and not to fund existing levels of service. Moneys in the fund shall not be used to supplant state or local general fund moneys for any purpose.
SEC. 5.
Section 30181 of the Revenue and Taxation Code is amended to read:
30181.
(a)  If any tax imposed upon cigarettes under this part is not paid through the use of stamps or meter impressions, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a distribution of cigarettes occurs, or in the case of a sale of cigarettes on the facilities of a common carrier for which the tax is imposed pursuant to Section 30104, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a sale of cigarettes on the facilities of the carrier occurs.
(b) Each distributor of tobacco products shall file a return in the form, as prescribed by the board, that may include, but not be limited to, electronic media respecting the distributions of tobacco products and their wholesale cost during the preceding month, and any other information as the board may require to carry out this part. The return shall be filed with the board on or before the 25th day of the calendar month following the close of the monthly period for which it relates, together with a remittance payable to the board, of the amount of tax, if any, due under Article 2 (commencing with Section 30121) or Article 3 (commencing with Section 30131) of Chapter 2 for that period.
(c) To facilitate the administration of this part, the board may require the filing of the returns for longer than monthly periods.
(d) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 7.
This act shall become operative only if Assembly Bill 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.

Summary: The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 and the California Children and Families Act of 1998 . This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack. Would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax. And would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.

An act to amend Sections 30104, 30108, and 30181 of, and to add Article 2.5 (commencing with Section 30130.50) to Chapter 2 of Part 13 of Division 2 of, the Revenue and Taxation Code, relating to public health finance.


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

SECTION 1.
Section 3016 of the Penal Code is amended to read:
3016.
(a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole.
(b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services.
(c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program.
(d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules.
(e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following:
(1) Food, including the immediate need and long-term planning for obtaining food.
(2) Clothing, including the immediate need to obtain appropriate clothing.
(3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender.
(4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits.
(5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment.
(6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations.
(7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience.
(8) Identification cards, including assisting reentering offenders with obtaining state identification cards.
(9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living.
(10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities.
(11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events.
(12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both.
(13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to insure long-term community success.
(f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community.
(g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017.
(h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds.
SEC. 2.
Section 5055.5 is added to the Penal Code, to read:
5055.5.
(a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports.
(b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates.
(c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators:
(1) Staff vacancies, overtime, sick leave, and number of authorized staff positions.
(2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate.
(3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths.
(4) Number of use of force incidents.
(5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld.
(6) Number of inmates in administrative segregation.
(7) Total contraband seized, specifying the number of cellular telephones and drugs.
(d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT:
(1) Total budget, including actual expenditures.
(2) Number of days in lockdown.

Summary: Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the Secretary to establish the Case Management Reentry Pilot Program for specified offenders who are likely to benefit from a case management reentry strategy. Existing law requires the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor by a specified date. This bill would require the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the Case Management Reentry Pilot Program to the Legislature and the Governor by no later than July 31, 2017. The bill would also require the Secretary of the Department of Corrections and Rehabilitation to develop a Data Dashboard on a quarterly basis containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies and the number of authorized staff positions, overtime, sick leave, and the number of use of force incidents, and to post those reports on the department’s Internet Web site, as provided.

An act to amend Section 3016 of, and to add Section 5055.5 to, the Penal Code, relating to prisons.


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

SECTION 1.
Section 1063.1 of the Insurance Code is amended to read:
1063.1.
As used in this article:
(a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government.
(b) “Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure.
(c) (1) “Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements:
(A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer.
(B) Which were unpaid by the insolvent insurer.
(C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings.
(D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed.
(E) For which the assets of the insolvent insurer are insufficient to discharge in full.
(F) In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state.
(G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state.
(2) “Covered claims” also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer.
(3) “Covered claims” does not include obligations arising from the following:
(A) Life, annuity, health, or disability insurance.
(B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks.
(C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations.
(D) Credit insurance.
(E) Title insurance.
(F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage.
(G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code.
(4) “Covered claims” does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured’s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government.
(5) “Covered claims” does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter.
An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims.
(6) “Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer.
(7) “Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred thousand dollars ($500,000).
(8) “Covered claims” does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer.
(9) “Covered claims” does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter.
(10) “Covered claims” does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803.
(11) “Covered claims” does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer’s admission to transact insurance in the State of California.
(12) “Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1.
(13) “Covered claims” shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners, and automobile, as provided in Section 1063.5.
These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3).
Each permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case:
(A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.
(B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.
(C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers’ Security Fund.
These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association.
(14) “Covered claims” shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers’ compensation insurance for the employees of the general employer.
(d) “Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department.
(e) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer.
(f) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist.
(g) “Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant.
(h) “Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person.
(i) “Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.

Summary: Existing law establishes the California Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers’ compensation insurer to discharge its obligations under its insurance policies. Existing law requires the association to pay and discharge all “covered claims,” which includes the obligations of the insolvent insurer. This bill would additionally provide that a “covered claim” includes a claim filed by an employee of a general employer that has entered into a contractual relationship with a special employer that is a self-insured governmental entity. The bill would provide that in that case, if certain criteria are met, the contractual agreement would be conclusive proof that the special employer never intended to provide workers’ compensation insurance for the employees of the general employer.

An act to amend Section 1063.1 of the Insurance Code, relating to the California Insurance Guarantee Association.


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

SECTION 1.
Section 987.8 of the Penal Code is amended to read:
987.8.
(a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien.
(b) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.
(c) In any case in which the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision.
This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect.
(d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following:
(1) A statement of the cost of the legal assistance provided to the defendant as determined by the court.
(2) The defendant’s procedural rights under this section.
(3) The time limit within which the defendant’s response is required.
(4) A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her.
(e) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights:
(1) The right to be heard in person.
(2) The right to present witnesses and other documentary evidence.
(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have the evidence against him or her disclosed to him or her.
(5) The right to a written statement of the findings of the court.
If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt.
Any order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure.
(f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(g) As used in this section:
(1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendant’s case.
(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following:
(A) The defendant’s present financial position.
(B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense.
(C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing.
(D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
(h) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment.
(i) This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel.

Summary: Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.

An act to amend Section 987.8 of the Penal Code, relating to criminal procedure.


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

SECTION 1.
Section 11546.1 of the Government Code is amended to read:
11546.1.
The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities.
(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency.
(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology
policy.
policy, and statutes, including, but not limited to, subdivision (d) of Section 11135.
(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts.
(B) Ensure the entity conforms with state information technology and telecommunications policy
and
,
enterprise
architecture
architecture, and statutes, including, but not limited to, subdivision (d) of Section 11135
.
(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer.
(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support.
(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture.
(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1).
(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so.
SEC. 2.
Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  5.8. Office of Accessible Technology
11549.20.
(a) There is in the Government Operations Agency, within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to monitor and facilitate compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135.
(b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations.
(c) For purposes of this chapter, the following terms shall have the following meanings:
(1) “Chief” means the Chief of the Office of Accessible Technology.
(2) “Office” means the Office of Accessible Technology.
11549.22.
The chief shall do all of the following:
(a) Develop and update statewide policies, standards, and procedures for ensuring compliance with the requirements of subdivision (d) of Section 11135.
(b) Provide training to chief information officers appointed pursuant to Section 11546.1.
(c) Audit compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135 and cooperate with chief information officers, as necessary, to develop corrective action plans for achieving compliance.
(d) Manage complaints from state employees and members of the public related to the requirements of subdivision (d) of Section 11135.
11549.24.
The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site.
11549.26.
The office shall consult with the Director of Technology, the Director of Rehabilitation, the Director of General Services, the Chancellor of the California State University, and any other relevant agencies concerning policies, standards, and procedures related to accessible technology.
11549.28.
This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative.

Summary: Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. This bill would establish, in the Government Operations Agency within the Department of Technology, the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology. This bill would require the office to be headed by a Chief of the Office of Accessible Technology who is required to, among other things, audit compliance of state electronic and information technology with the requirements of state and federal laws relating to the accessibility of technology, train chief information officers in other state agencies and entities, and manage complaints from state employees and members of the public relating to the accessibility of technology. This bill would also require the chief to post the results of all audits on the office’s Internet Web site. This bill would make these provisions operative only upon the Legislature making an appropriation to implement them. Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology. This bill would specifically include ensuring compliance with state and federal laws relating to the accessibility of technology among the duties of those chief information officers.

An act to amend Section 11546.1 of, and to add Chapter 5.8 (commencing with Section 11549.20) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government.


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

SECTION 1.
Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  5.9. Plastic Microbeads Nuisance Prevention Law
42360.
The Legislature finds and declares all of the following:
(a) Conventional plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.
(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.
(c) Plastic pollution is an environmental and human health hazard and a public nuisance.
(d) Personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of synthetic plastic microbeads, ranging from 50 - 500 microns, that are flushed down drains or make their way into the environment by other means as part of their intended use.
(e) Some synthetic plastic microbeads are not recoverable through wastewater treatment facilities in the state and may be released into the environment.
(f) Synthetic plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, and reptiles, and in the digestive and circulatory systems of mussels and worms.
(g) There are economically feasible alternatives to synthetic plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, and seeds.
42361.
As used in this chapter, the following terms have the following meanings:
(a) “Person” means an individual, business, or other entity.
(b) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.
(c) “Synthetic plastic microbead” means an intentionally added non-biodegradable solid plastic particle measuring five millimeters in size or less in every dimension, that retains its shape during use and after disposal, and that is used to exfoliate or cleanse in a rinse-off personal care product.
42362.
On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care product containing synthetic plastic microbeads.
42363.
Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing synthetic plastic microbeads in less than 1 part per million (ppm) by weight.
42364.
(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.
(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.
(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(F) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state.
(d) Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General and are available to that office, upon appropriation by the Legislature, for the purpose of enforcing this chapter.
42365.
This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.
42366.
Commencing January 1, 2016, a city, county, or other local public agency shall not adopt, amend, enforce, or otherwise implement, a local ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads.
SECTION 1.
It is the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.

Summary: The Safe Drinking Water and Toxic Enforcement Act of 1986 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling 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 International standard specification. This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing synthetic plastic microbeads, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of synthetic plastic microbeads, as provided. The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General, to be retained by that office. The bill would make these moneys available to the office of the Attorney General, upon appropriation, for the purpose of enforcing these provisions. The bill would prohibit a city, county, or other local public agency from adopting, amending enforcing, or otherwise implementing an ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. The Safe Drinking Water and Toxic Enforcement Act of 1986 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. This bill would declare the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.

An act relating to waste management.
An act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management.


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

SECTION 1.
Section 22358.4 of the Vehicle Code is amended to read:
22358.4.
(a) (1)
Whenever
If
a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.
(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:
(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than
500
1,320
feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per
hour, while children are going to or leaving the school, either during school hours or during the noon recess period.
hour.
The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier
while the grounds are in use by children
and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.
(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to
1,000
1,320
feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per
hour, while children are going to or leaving the school, either during school hours or during the noon recess period.
hour.
The prima facie limit shall also apply when approaching, at a distance of 500 to
1,000
1,320
feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier
while the grounds are in use by children
and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.
(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:
(A) A maximum of two traffic lanes.
(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.
(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.
(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.
(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to
500
1,320
feet away from school grounds.
(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and
1,000
1,320
feet away from the school grounds.
(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.
(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour 24 hours a day. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance to establish a prima facie speed limit and school warning signs, as specified. This bill would also allow the 15 miles per hour or 25 miles per hour prima facie speed limit to apply 24 hours a day. By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing 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 Section 22358.4 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 94858 of the Education Code is amended to read:
94858.
“Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional
charge.
charge, or, to the extent authorized by federal law, an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if it does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to Chapter 1.2 (commencing with Section 99010) of Part 65 of Division 14.
SEC. 2.
Chapter 1.2 (commencing with Section 99010) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read:
CHAPTER  1.2. State Authorization Reciprocity Agreement
99010.
(a) The purpose of this chapter is to provide protection for California students enrolled in distance education programs across state boundaries and to encourage the growth and utilization by in-state students of quality online distance education offerings by accredited degree-granting colleges and universities.
(b) This chapter provides the mechanism for California colleges and universities to participate in limited interstate reciprocity among states, including through the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement.
(c) Reciprocity agreements authorized by this chapter are needed to allow institutions to be authorized to offer distance education to students in all states and United States territories because postsecondary education is controlled by the states and each state charters or licenses colleges and universities separately.
99011.
The following terms, for purposes of this chapter, shall have the following meanings:
(a) “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education.
(b) “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs.
(c) “Participating postsecondary institution” means an institution with a physical presence in this state that has been approved to operate under a regional state authorization reciprocity agreement.
(d) “Postsecondary institution” means any accredited, degree-granting public or private university or college with a physical presence in this state and any accredited community college with a physical presence in this state.
(e) “State authorization reciprocity agreement” means a compact between this state and one or more other states to permit distance education in a state in which a provider does not have a regulated physical presence if the provider has a physical presence and is authorized to operate in another state subject to the agreement.
99012.
(a) The Department of Consumer Affairs may enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state.
(b) Before entering into a compact authorized by subdivision (a), the Bureau shall establish a process to ensure that educational institutions exempt from the California Private Postsecondary Act of 2009 pursuant to Section 94874, may participate in the state authorization reciprocity agreement without impacting their exempt status.
(c) For the purposes of establishing and implementing the state authorization reciprocity agreement, the Bureau shall enter into a memorandum of understanding with the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, and the presidents of the independent California colleges and universities as represented by the state association representing the largest number of those members. This memorandum of understanding shall not weaken existing student privacy and confidentiality protections.
(d) The Bureau may establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution pursuant to this section. The amount of the fee shall be established to recover designated expenses incurred by the Department of Consumer Affairs in administering the provisions of this section.
SECTION 1.
Section 66027.6 is added to the
Education Code
, to read:
66027.6.
The Governor is authorized to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, provided that the agreement ensures that students enrolled in private postsecondary educational institutions without a physical presence in this state that are not independent institutions, as defined in subdivision (b) of Section 66010, are provided at least with a similar level of consumer protection as would be provided if the institutions were regulated by the Bureau for Private Postsecondary Education.

Summary: Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions, does not apply to private postsecondary educational institutions that do not maintain a physical presence in the state, and is repealed on January 1, 2017. The act defines “private postsecondary educational institution” for these purposes. This bill would authorize the Governor to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, as specified. This bill would, to the extent authorized by federal law, apply the act to an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if the entity does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to specified law. The bill would authorize the Department of Consumer Affairs to enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. The compact would provide that an entity regulated in one member state would be able to provide distance education in other member states. The bill would require the bureau, before entering into a compact, to establish a process to ensure that certain educational institutions that are exempt from the act may participate in the state authorization reciprocity agreement without impacting their exempt status. The bill would require the bureau to enter into a memorandum of understanding with certain educational officials for the purpose of establishing and implementing the state authorization reciprocity agreement, as specified. The bill would authorize the bureau to establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution, as specified.

An act to
amend Section 94858 of, and to
add
Section 66027.6 to
Chapter 1.2 (commencing with Section 99010) to Part 65 of Division 14 of Title 3 of,
the Education Code, relating to postsecondary education.