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

SECTION 1.
The Legislature finds and declares all of the following:
(a) According to the United States Department of Housing and Urban Development’s report to Congress, 115,738 people were estimated to be homeless in California in 2014, a rate that is unprecedented following a deep and prolonged economic recession, a severe shortage of safe and affordable housing, a failed veteran and civilian mental health system, and a diminished social safety net.
(b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year.
(c) Homelessness is an independent risk factor for a number of illnesses, making people more susceptible to increased health problems due to high stress, sleep deprivation, unsanitary surroundings, lack of access to hygiene facilities, and a myriad of other situational stressors experienced by people without stable housing. Subsequently, people who are chronically homeless are more medically frail and three to four times more likely to die prematurely than their housed counterparts.
(d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces.
(e) Ending homelessness in California will require significant state and federal resources and there is ample evidence that policies that invest in ending homelessness, rather than criminalizing and marginalizing people who are experiencing homelessness, adequately balance the needs of all parties: community residents, government agencies, businesses, and men and women who are experiencing homelessness.
(f) Passing this act will not reduce homelessness, but neither will local ordinances that criminalize homelessness. Instead, ordinances that criminalize homelessness result in increased incarceration rates and financial indebtedness of people who simply have no means of support and prolong homelessness by making it more difficult for people to secure housing, employment, and medical care. Criminalization policies further marginalize men and women who are experiencing homelessness, fuel inflammatory attitudes, and may even unduly restrict constitutionally protected liberties.
(g) That is why, on September 18, 2015, the United States Department of Housing and Urban Development included in the annual Notice of Funding Availability for the 2015 Continuum of Care Program
funding competition,
Competition
provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness.
(h) It is also why, on August 6, 2015, the United States Department of Justice submitted a rare statement of interest in a United States District Court in opposition to the criminalization of people who are homeless, calling it cruel and unusual punishment to punish someone for a crime with the potential for imprisonment and a violation of constitutional rights.
(i) While these ordinances apply to all residents, they disproportionately impact people without homes, who have no private place to rest or seek nourishment, and are often selectively applied by law enforcement to people based upon their appearance or an assumption of homelessness.
(j) In practice, these ordinances deprive persons experiencing homelessness and those who may be perceived as homeless of a safe and legal place to rest and seek nourishment, which adversely impacts their health and well-being.
(k) Sleep deprivation impairs cognitive processes and puts one at risk for obesity, heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, diabetes, and depression. People who are homeless suffer from sleep deprivation and, absent a place to rest, they suffer it more frequently.
(l) Because current practices have denied the right to adequate legal representation to people cited or arrested while resting or sharing food, homeless persons are often denied relief or damages through the courts.
(m) Both the federal government, through its Interagency Council on Homelessness, and the United Nations have recognized that discrimination and criminalization violate a homeless person’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws.
(n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern.
(o) Section 1 of Article I of the California Constitution provides that “[a]ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,” without qualification as to whether or not a person is, or appears to be, homeless.
(p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .”
(q) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her income, housing status, or ability or desire to appear housed. Therefore, it is the intent of the Legislature in enacting this legislation to protect the rights of all Californians, regardless of their housing status, and ameliorate the adverse effects caused by the criminalization of homelessness on our communities and our citizens.
(r) Decriminalization of rest allows municipal governments to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty.
SEC. 2.
Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read:
PART 2.2. Homeless Persons
53.8.
For purposes of this part, the following definitions shall apply:
(a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” means those individuals or members of families who lack a fixed, regular, and adequate nighttime residence, including people defined as homeless using the criteria established in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009.
(b) “Public space” means any property that is owned by a government entity or
any property
upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks.
The ability to rest shall not apply to a public space during a time it is closed to all persons or when a fee is required for entry or use.
(c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.
53.81.
(a) It is the intent of the Legislature that this section be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect.
(b) Persons experiencing homelessness shall be permitted to use public space in the ways described in this section at any time that the public space is open to the public without discrimination based upon their housing status, and without being subject to criminal, civil, or administrative penalties. Permitted use of the public space include, but are not limited to, all of the following:
(1) Free movement without restraint.
(2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner.
(3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited.
(4) Praying, meditating, worshiping, or practicing religion.
(c) Nothing in this section shall prevent law enforcement from enforcing laws to protect the right of people to use the sidewalk pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(d) Nothing in this section shall prevent law enforcement from enforcing the Penal Code, except subdivision (e) of Section 647 of the Penal Code, so far as it prohibits
rest.
rest in public spaces as defined in subdivision (b) of Section 53.8.
53.82.
(a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action.
(b) The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorney’s fees and costs to a prevailing plaintiff.
SEC. 3.
Section 11139.2 is added to the Government Code, to read:
11139.2.
To improve monitoring of discrimination based upon housing status and violations of Part 2.2 (commencing with Section 53.8) of Division 1 of the Civil Code, and to ensure that people who are experiencing homelessness are not unlawfully denied full and equal access to the benefits of state-funded programs or assistance, or unlawfully subjected to discrimination, all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness.
Notwithstanding Section 10231.5, the Department of Housing and Community Development shall compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide an annual report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law provides that no person shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. This bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing plaintiff injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs. The bill would also require all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The bill would require the Department of Housing and Community Development to compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide a report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Part 2.2 (commencing with Section 53.8) to Division 1 of the Civil Code, and to add Section 11139.2 to, the Government Code, relating to homelessness.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Information and data regarding violent deaths can help provide states and communities with a clearer understanding of violent deaths and therefore lead to better prevention of violent deaths.
(b) According to the federal Centers for Disease Control and Prevention (CDC), in the United States, violence accounts for approximately 56,000 deaths annually. Violent deaths result from the intentional use of physical force or power against oneself, another person, or a group or community, and include suicide, homicide, and legal intervention deaths. Violence adversely affects all Americans, not only through premature death, but also through medical costs and lost productivity.
(c) The CDC further notes that the cost of these deaths totaled $47.2 billion: $47 billion in work loss costs and $215 million in medical treatment.
(d) In 2002, the National Violent Death Reporting System (NVDRS) was established as a surveillance system that pulls together data on violent deaths. NVDRS collects information from death certificates, coroner or medical examiner reports, police reports, and crime laboratories.
(e) NVDRS data inform decisionmakers and program planners about the magnitude, trends, and characteristics of violent deaths in a particular state or community so appropriate prevention efforts can be identified and implemented, and the data facilitate the evaluation of state-based prevention programs and strategies.
(f) According to NVDRS, a national system will allow the CDC to provide information for every state to inform their prevention efforts. It will also ensure enhanced information on the national scope of the problem of violent deaths is available to monitor and track trends and to inform national efforts.
SEC. 2.
Article 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read:
Article  3. Electronic Violent Death Reporting System
131230.
(a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System.
(b) The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site a summary and analysis of the collected data.
(c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency’s jurisdiction.
(2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met:
(i) The local agency entering into the agreement agrees to collect the data from the other local agencies.
(ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies.
(B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1).
(3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions.
(4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System only to the extent that resources are made available.
(d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention’s National Violent Death Reporting System.
(e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section.
(f) The department may accept private or foundation moneys to implement this section.
(g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths.
131231.
For purposes of this article, “violent death” means a death resulting from the use of physical force or power against oneself, another person, or a group or community, and includes, but is not limited to, homicide, suicide, legal intervention deaths, unintentional firearm deaths, and undetermined intent deaths.

Summary: Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases. This bill would, to the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, require the department to establish and maintain the California Electronic Violent Death Reporting System. The bill would further require the department to collect data on violent deaths, as specified, and to post on the department’s Internet Web site a summary and analysis of the collected data. The bill would authorize the department to enter into a contract, grant, or other agreement with a local agency to collect certain data, within the agency’s own jurisdiction or through other local agencies, as specified, and would authorize the department to apply for grants to implement these provisions. The bill would, to the extent that funding is available for this purpose, authorize a law enforcement agency to report to the department data on the circumstances surrounding all violent deaths from investigative reports and laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. The bill would also make related legislative findings and declarations.

An act to add Article 3 (commencing with Section 131230) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, relating to public health.


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

SECTION 1.
Section 510.5 is added to the Labor Code, to read:
510.5.
(a) This section shall be known, and may be cited as, the Reliable Scheduling Act of 2016.
(b) The provisions of this section are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Employee” means any individual except those exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission, as described in Section 515.
(2) “Employer” means a grocery store establishment, a restaurant, or a retail store establishment.
(3) “Grocery store establishment” means a physical store within the state that sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and baked or prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.
(4) “Merchandise” means material goods or consumables.
(5) (A) “Modification pay” means compensation in addition to an employee’s regular pay awarded for changes to an employee’s work schedule with less than seven days’ notice, as required in this section.
(B) Modification pay shall be calculated based on an employee’s hourly wage. If the employee, in the 90 days of employment prior to earning modification pay, had different hourly rates, was paid by commission or piece rate, or was a nonexempt salaried employee, the rate of pay to be used to calculate modification pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.
(6) “Restaurant” means any retail establishment serving food or beverages for onsite consumption, including, but not limited to, a restaurant, coffee shop, cafeteria, or café.
(7) “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax, including, but not limited to, electronics, appliances, clothing, furniture, sporting goods, health and personal products, or a limited line of food products for onsite consumption.
(8) “Shift” means designated hours of work by an employee, with a designated beginning time and ending time.
(9) “Work schedule” means a written or electronic document that lists all scheduled shifts for all employees for at least 21 consecutive calendar days.
(d) (1) An employer shall provide its employees with a work schedule at least seven calendar days prior to the first shift on that work schedule.
(2) An employer may create separate work schedules for each department.
(3) All hours of work for all employees of an employer shall meet the definition of shift in subdivision (c).
(4) This section shall not be construed to prohibit an employer from providing greater advance notice of an employee’s work schedule or changes in an employee’s work schedule.
(5) This section shall not prohibit an employee from requesting additional or fewer hours of work.
(e) An employer shall provide an employee with modification pay, per shift, for each previously scheduled shift that the employer cancels or moves to another date or time or for any previously unscheduled shift that the employer requires an employee to work as follows:
(1) If less than seven days’ notice but more than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than one hour at the employee’s regular rate of pay.
(2) If less than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay, but in no event for less than two hours nor more than four hours.
(3) Modification pay required by this subdivision shall be in addition to an employee’s regular pay for working that shift.
(f) Subdivision (e) shall not apply to changes in the scheduling of rest periods, recovery periods, or meal periods.
(g) For each on-call shift for which an employee is required to be available but is not called in to work that shift, an employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay.
(h) Subdivisions (e) and (g) shall not apply to shifts for which an employee is compensated with reporting time pay as required by any wage order of the Industrial Welfare Commission.
(i) The requirements in subdivisions (e) and (g) shall not apply, and an employer shall not be deemed to have violated subdivision (e) or (g), under any of the following circumstances:
(1) Operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue.
(2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities or sewer system.
(3) Operations cannot begin or continue due to an act of God or other cause not within the employer’s control, including, but not limited to, an earthquake or a state of emergency declared by a local government or the Governor.
(4) Another employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off required by existing law or bona fide collective bargaining agreement when the employer did not receive at least seven days’ notice of the other employee’s absence.
(5) Another employee previously scheduled to work that shift has not reported to work on time, is fired, sent home as a disciplinary action, or told to stay at home as a disciplinary action.
(6) Two employees have mutually agreed to trade shifts.
(7) The employer requires the employee to work overtime, such as mandatory overtime.
(j) (1) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information in paragraph (2). The Labor Commissioner shall create a poster containing the information in paragraph (2) and shall make it available to all employers.
(2) The poster shall state all of the following:
(A) An employee of an employer is entitled to modification pay.
(B) The amount of modification pay provided for by this section.
(C) An employee has the right under this section to file a complaint with the Labor Commissioner against an employer that retaliates or discriminates against the employee.
(3) An employer that willfully violates paragraph (1) shall be subject to a civil penalty of not more than one hundred dollars ($100) for each offense.
(k) An employer shall keep for at least three years records documenting the hours worked and modification pay awarded and shall allow the Labor Commissioner to access these records pursuant to the requirements in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226.
(l) (1) An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for filing a complaint with the appropriate enforcement agency or alleging a violation of this section, cooperating in an investigation or prosecution of an alleged violation of this section, or opposing any policy, practice or act that is prohibited by this section.
(2) There shall be a rebuttable presumption of unlawful retaliation if an employer discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:
(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this section.
(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this section.
(C) Opposition by the employee to a policy, practice, or act that is prohibited by this section.
(m) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo, pending the completion of a full investigation or hearing.
(n) (1) If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure that the parties are afforded due process, determines that a violation of this section has occurred, he or she may order any appropriate relief, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty, to an employee or other person whose rights under this section were violated.
(2) If modification pay was unlawfully withheld, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty.
(3) If a violation of this section results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000).
(o) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this section were violated.
(p) An employee or other person may report to the Labor Commissioner a suspected violation of this section. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that employee’s or person’s name and identifying information as necessary to enforce this section or for other appropriate purposes, upon the authorization of that employee or person.
(q) The Labor Commissioner, the Attorney General, an employee or person aggrieved by a violation of this section, or an entity a member of which is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer or other person violating this section and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this section were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld modification pay to an employee, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this section on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs.
(r) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.
(s) The remedies, penalties, and procedures provided under this section are cumulative.
(t) The Labor Commissioner may promulgate all regulations and rules of practice and procedures necessary to carry out the provisions of this section.
(u) A violation of this section shall not be a misdemeanor under Section 553.
SECTION 1.
Section 600 of the
Labor Code
is amended to read:
600.
As used in this chapter, unless the context otherwise indicates, the following definitions shall apply:
(a)“Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this state.
(b)“Railroad corporation” means a corporation or receiver operating a railroad.
(c)“Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad.

Summary: Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would require an employer, which includes a grocery store establishment, restaurant, or retail store establishment, to provide its employees with a work schedule at least 7 calendar days prior to the first shift on that work schedule, except as specified. The bill would require an employer, except as specified, to pay its employees modification pay for each previously scheduled shift that the employer cancels or moves to another date or time, for any previously unscheduled shift that the employer requires an employee to work, or for each on-call shift for which an employee is required to be available but is not called in to work that shift. The bill would require an employer to post a poster containing specified information regarding an employee’s right to receive modification pay and would require the Labor Commissioner to create the poster and make it available. The bill would define terms for those purposes, including, among others, a grocery store establishment, restaurant, or retail store establishment. The bill would require the Labor Commissioner to enforce these requirements, including the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner, the Attorney General, an employee or person aggrieved by a violation of these provisions, or an entity a member of which is aggrieved by a violation of these provisions to recover specified civil penalties against an offender who violated these provisions on behalf of the aggrieved, as well as attorney’s fees, costs, and interest. The bill would not apply to certain categories of employees who meet specified requirements. Existing law regulates railroad employee hours, and sets forth various penalties for violation of those provisions. This bill would make nonsubstantive changes to those provisions.

An act to
amend
add
Section
600 of
510.5 to
the Labor Code, relating to private employment.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California is experiencing an extreme housing shortage with 2.2 million extremely low income and very low income renter households competing for only 664,000 affordable rental homes. This leaves more than 1.54 million of California’s lowest income households without access to affordable housing.
(b) While homelessness across the United States is in an overall decline, homelessness in California is rising. In 2015, California had 115,738 homeless people, which accounted for 21 percent of the nation’s homeless population. This is an increase of 1.6 percent from the prior year. California also had the highest rate of unsheltered people, at 64 percent or 73,699 people; the largest numbers of unaccompanied homeless children and youth, at 10,416 people or 28 percent of the national total; the largest number of veterans experiencing homelessness, at 11,311 or 24 percent of the national homeless veteran population; and the second largest number of people in families with chronic patterns of homelessness, at 22,582 or 11 percent of the state’s homeless family population.
(c) California is home to 21 of the 30 most expensive rental housing markets in the country, which has had a disproportionate impact on the middle class and the working poor. California requires the third highest wage in the country to afford housing, behind Hawaii and Washington, D.C. The fair market rent, which indicates the amount of money that a given property would require if it were open for leasing, for a two-bedroom apartment is $1,386. To afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household must earn an hourly “housing wage” of $26.65 per hour. This means that a person earning minimum wage must work an average of three jobs to pay the rent for a two-bedroom unit. In some areas of the state, these numbers are even higher.
(d) Low-income families are forced to spend more and more of their income on rent, which leaves little else for other basic necessities. Many renters must postpone or forgo home ownership, live in more crowded housing, commute further to work, or, in some cases, choose to live and work elsewhere.
(e) California has seen a significant reduction of state funding in recent years. The funds from Proposition 46 of 2002 and Proposition 1C of 2006, totaling nearly $5 billion for a variety of affordable housing programs, have been expended. Combined with the loss of redevelopment funds, $1.5 billion of annual state investment dedicated to housing has been lost, leaving several critical housing programs unfunded.
(f) High housing costs and the shortage of housing stock in California directly affect the future health of California’s economy and, given the staggering numbers indicated above, bold action is necessary. Investment in existing and successful housing programs to expand the state’s housing stock should benefit California’s homeless and low-income earners, as well as some of the state’s most vulnerable populations, including foster and at-risk youth, persons with developmental and physical disabilities, farmworkers, the elderly, single parents with children, and survivors of domestic violence. Investments should also be made in housing for Medi-Cal recipients served through a county’s Section 1115 Waiver Whole Person Care Pilot program and family day care providers.
(g) Investment in housing creates jobs and provides local benefits. The estimated one-year impacts of building 100 rental apartments in a typical local area include $11.7 million in local income, $2.2 million in taxes and other revenue for local governments, and 161 local jobs or 1.62 jobs per apartment. The additional annually recurring impacts of building 100 rental apartments in a typical local area include $2.6 million in local income, $503,000 in taxes and other revenue for local governments, and 44 local jobs or .44 jobs per apartment.
SEC. 2.
Part 16 (commencing with Section 54000) is added to Division 31 of the Health and Safety Code, to read:
PART 16. Affordable Housing Bond Act of 2018
CHAPTER  1. General Provisions
54000.
This part shall be known, and may be cited, as the Affordable Housing Bond Act of 2018.
54002.
As used in this part, the following terms have the following meanings:
(a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency.
(b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014.
(c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006.
54004.
This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election.
CHAPTER  2. Affordable Housing Bond Act Trust Fund of 2018 and Program
54006.
The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner:
(a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Multifamily Housing Account, which is hereby created in the fund. Upon appropriation by the Legislature, the moneys in the account may be appropriated for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI).
(b) Six hundred million dollars ($600,000,000) to be deposited in the Transit-Oriented Development and Infill Infrastructure Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes:
(1)
Three
Two
hundred million dollars
($300,000,000)
($200,000,000)
to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program.
(2) Three hundred million dollars ($300,000,000) to be deposited in the Infill Infrastructure Financing Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following:
(A) Park creation, development, or rehabilitation to encourage infill development.
(B) Water, sewer, or other public infrastructure costs associated with infill development.
(C) Transportation improvements related to infill development projects.
(D) Traffic mitigation.
These funds may also be expended for any authorized purpose of this program.
(3) One hundred million dollars ($100,000,000) to be deposited into the Building Equity and Growth in Neighborhoods (BEGIN) Program Fund, established pursuant to Section 50860, for expenditure, upon appropriation by the Legislature, pursuant to the BEGIN Program authorized by Chapter 14.5 (commencing with Section 50860) of Part 2 to make grants to qualifying cities, counties, or cities and counties that shall be used for downpayment assistance to qualifying first-time home buyers or low- and moderate-income buyers purchasing newly constructed homes in a BEGIN project. These funds may also be expended for any authorized purpose of this program.
(c) Six hundred million dollars ($600,000,000) to be deposited in the Special Populations Housing Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes:
(1) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, for expenditure, upon appropriation by the Legislature, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program.
(2) Three hundred million dollars ($300,000,000) to be deposited in the Local Housing Trust Matching Grant Program Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program.
(d) Three hundred million dollars ($300,000,000) to be deposited in the Home Ownership Development Account, which is hereby created within the fund. The moneys in the account shall be, upon appropriation by the Legislature, available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program.
54008.
(a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs.
(b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state.
CHAPTER  3. Fiscal Provisions
54010.
Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due.
54012.
The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those provisions are inconsistent with this part, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part.
54014.
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law.
(b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency.
54016.
Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 54006, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax.
54018.
There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collections of state revenues to do or perform each and every act which is necessary to collect that additional sum.
54020.
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable.
(b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years.
54022.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54024. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part.
54024.
For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54022. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund.
54026.
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.
54028.
Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of each series.
54030.
The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
54032.
Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
54034.
All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of issuance of the related bonds prior to transfer to the General Fund.
SEC. 3.
Section 2 of this act shall become operative upon the adoption by the voters of the Affordable Housing Bond Act of 2018.
SEC. 4.
Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 6, 2018, statewide general election.
SEC. 5.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to maximize the time available for the analysis and preparation of the bond act proposed by Section 2 of this act, it is necessary that this act take effect immediately.

Summary: Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2018, which, if adopted, would authorize the issuance of bonds in the amount of $3,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as provided. The bill would provide for submission of the bond act to the voters at the November 6, 2018, statewide general election in accordance with specified law. This bill would declare that it is to take effect immediately as an urgency statute.

An act to add Part 16 (commencing with Section 54000) to Division 31 of the Health and Safety Code, relating to housing, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 30515 of the Penal Code is amended to read:
30515.
(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d).
(d) “Assault weapon” does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):
MANUFACTURER
MODEL
CALIBER
BENELLI
MP90
.22LR
BENELLI
MP90
.32 S&W LONG
BENELLI
MP95
.22LR
BENELLI
MP95
.32 S&W LONG
HAMMERLI
280
.22LR
HAMMERLI
280
.32 S&W LONG
HAMMERLI
SP20
.22LR
HAMMERLI
SP20
.32 S&W LONG
PARDINI
GPO
.22 SHORT
PARDINI
GP-SCHUMANN
.22 SHORT
PARDINI
HP
.32 S&W LONG
PARDINI
MP
.32 S&W LONG
PARDINI
SP
.22LR
PARDINI
SPE
.22LR
WALTHER
GSP
.22LR
WALTHER
GSP
.32 S&W LONG
WALTHER
OSP
.22 SHORT
WALTHER
OSP-2000
.22 SHORT
(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
SEC. 2.
Section 30680 is added to the Penal Code, to read:
30680.
Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:
(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to January 1, 2017.
(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.
SEC. 3.
Section 30900 of the Penal Code is amended to read:
30900.
(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.
(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.
(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.
(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account.
(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.
(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms.


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

SECTION 1.
Section 42008.8 of the Vehicle Code is amended to read:
42008.8.
(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b) A one-time amnesty program for unpaid fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following:
(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1) The court shall, within 90 days, issue and file the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017.
(2) The court shall, within 90 days, issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017.
(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program.
(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (8), inclusive, are met:
(1) The violation is an infraction violation filed with the court.
(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4) The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6) The person does not owe victim restitution on any case within the county.
(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(8) The person filed a request with the court on or before March 31, 2017.
(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B) Posting on the department’s Internet Web site information regarding the amnesty program.
(C) Personnel costs associated with the amnesty program.
(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.
(k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program.
(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund.
(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.

Summary: Existing law requires a county to establish an amnesty program for unpaid fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Existing law requires the program to accept a reduced payment in full satisfaction of the fine or bail if the program participant certifies under penalty of perjury that he or she receives specified public benefits or his or her income is 125 or less of the current poverty guidelines. If the driving privilege of an amnesty program participant or a person who is in good standing in a comprehensive collection program has been suspended due to a Vehicle Code violation that is subject to the amnesty program, existing law requires the court to issue and file a certificate with the Department of Motor Vehicles demonstrating that the participant has appeared in court, paid the fine, or has otherwise satisfied the court. This bill would require the court to issue and file the certificate with the department within 90 days. For applications submitted prior to January 1, 2017, the bill would require the court to issue and file the certificate no later than March 31, 2017. The bill would require, for applications submitted on or before March 31, 2017, that all terms and procedures related to a participant’s payment plans remain in effect after that date.

An act to amend Section 42008.8 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 640 of the Penal Code is amended to read:
640.
(a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4) Expectorating upon a system facility or vehicle.
(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system.
(e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following:
(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation.
(3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
(g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two hundred fifty dollars ($250) upon a first or second violation and not to exceed four hundred dollars ($400) upon a third or subsequent violation.

Summary: Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket. This bill would prohibit a minor from being charged with an infraction or a misdemeanor for those acts.

An act to amend Section 640 of the Penal Code, relating to crimes.