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

SECTION 1.
Section 36 of the Code of Civil Procedure is amended to read:
36.
(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other
provision of
law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(h) In an asbestos tort action, as defined in Section 821, a plaintiff bringing a motion for preference shall submit a sworn affidavit in support stating each of the following:
(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822.
(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts.
(i) A plaintiff in an asbestos tort action, as defined in Section 821, shall not be entitled to a trial preference pursuant to this section if the plaintiff is subject to an order issued pursuant to Section 825.
SEC. 2.
Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER  6. Actions Relating to Asbestos Tort Claims
820.
This chapter shall be known, and may be cited, as the Asbestos Tort Claim Trust Transparency Act.
821.
The following terms are defined as follows:
(a) “Asbestos tort action” means any action involving an asbestos tort claim.
(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person for whom an asbestos trust may be responsible, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, or any other harm for which an asbestos trust claim may be asserted under law.
(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims.
(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust.
(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including all proof of claim forms and all supplementary or supporting materials submitted to, or required by, an asbestos trust for an asbestos trust claim to be evaluated for compensation, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate of official capacity, claims payment matrices, trust distribution procedures, or asbestos trust plans for reorganization.
822.
(a) (1) The plaintiff in an asbestos tort claim shall serve on all parties each of the following:
(A) A sworn statement, under penalty of perjury, identifying each asbestos trust claim that the plaintiff has filed or has basis to file against an asbestos trust and, for each such asbestos trust claim, whether there has been a request to defer, delay, suspend, or toll the claim.
(B) All asbestos trust claim documents that the plaintiff has submitted to an asbestos trust.
(C) All documents relating to communications between, or on behalf of, the plaintiff and an asbestos trust.
(2) The documents described in paragraph (1) shall be served not later than 90 days after the filing of the complaint in an asbestos tort action, except under the following circumstances in which case the documents shall be served in the lesser time:
(A) Within 30 days, in an asbestos tort action in which the plaintiff is awarded a preferential trial date pursuant to Section 36.
(B) On or before March 1, 2017, with respect to an asbestos tort action that is currently pending on or before January 1, 2017.
(b) The plaintiff shall supplement the information and materials served pursuant to subdivision (a) within 30 days of filing any additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional information or materials related to any asbestos trust claim and, to the extent not earlier supplemented, within seven days of trial.
(c) This section shall not prevent the court from requiring disclosures for an asbestos trust claim that are in addition to those required by this section.
823.
(a) A defendant in an asbestos tort action may seek discovery of relevant materials from an asbestos trust identified by the plaintiff pursuant to Section 822 that concern the plaintiff. The plaintiff may not claim privilege or confidentiality to bar discovery under this section and shall provide consent or other authorization as may be required by an asbestos trust to facilitate the release of relevant asbestos trust claim documents sought by the defendant.
(b) Asbestos trust claim documents shall be admissible as evidence in an asbestos tort action, including, without limitation, to prove alternative causation for a plaintiff’s injury or to prove that responsibility for a plaintiff’s injury should be apportioned. Claims of privilege do not apply to asbestos trust claim documents.
824.
If a defendant identifies an asbestos trust that plaintiff failed to disclose as required by Section 822 as to which the defendant believes a plaintiff has a viable claim, the defendant may file a motion for an order for any of the following:
(a) To require the plaintiff to file a claim against the improperly withheld asbestos trust.
(b) To stay the action or vacate the trial date until the plaintiff files a claim against the improperly withheld asbestos trust.
(c) Any other relief that the court deems appropriate in its discretion for good cause shown.
825.
The court may stay an asbestos tort action, decline to assign an initial trial date, deny a motion for preference under Section 36, vacate or continue the trial date in asbestos tort action, or impose any other remedies in its discretion in any of the following circumstances:
(a) Identification by a plaintiff of an asbestos trust pursuant to Section 822 for which the plaintiff has a basis to file but has not yet filed an asbestos trust claim.
(b) Failure of a plaintiff to serve the disclosures required pursuant to Section 822.
(c) Upon the granting of a defendant’s motion pursuant to Section 824.
826.
In an asbestos tort action in which damages are awarded, the claims against the other defendants shall be reduced, pursuant to Section 877, by the amount paid to a plaintiff by any other asbestos trust or, if not yet paid as of the date of entry of judgment, by the valuation amount of such asbestos trust claim as specified in the asbestos trust claim documents, whichever is greater.
827.
In an asbestos tort action, a court may retain jurisdiction over the action even after the action is resolved for purposes of hearing motions or enforcing appropriate remedies relating to any issues raised under this chapter, including, without limitation, willful concealment or intentional delay in the filing of an asbestos trust claim.
SEC. 3.
Section 877 of the Code of Civil Procedure is amended to read:
877.
Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:
(a)
(1)
It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the
dismissal
dismissal,
or the covenant, or in the amount of the consideration paid for it, whichever is the greater.
(2) This subdivision shall also apply to moneys received by or on behalf of a claimant from an asbestos trust, as defined by Section 821, whether the moneys are received before or after a verdict or judgment.
(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties.
(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.
(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt
where
if
the contract was made
prior to
before
January 1, 1988.
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 provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require, that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and would entitle a defendant to discover relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions. This bill would require a plaintiff to serve certain statements made under penalty of perjury. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims.


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

SECTION 1.
Section 17400 of the Education Code is amended to read:
17400.
(a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article.
(b) As used in this article, the following terms have the following meanings:
(1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications.
(2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors.
(3) “Building” includes each of the following:
(A) One or more buildings located or to be located on one or more sites.
(B) The remodeling of any building located on a site to be leased pursuant to this article.
(C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased.
(D) The permanent improvement of school grounds.
(4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project.
(5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site.
SEC. 2.
Section 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read:
17406.
(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following:
(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals.
(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals.
(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1).
(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section.
(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score.
(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner:
(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals.
(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district.
(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district.
(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district.
(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit.
(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals.
(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination.
(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work:
(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(ii) Establish reasonable qualification criteria and standards.
(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(5) Nothing in paragraph (2) shall preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed.
(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of utilizing preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval.
(2) Nothing in this subdivision waives the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met:
(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid.
(B) The school district has reasonably determined that the work performed is satisfactory.
(C) Contractor fraud did not occur in the obtaining or performance of the instrument.
(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement.
(2) In no event shall payment to the contractor pursuant to this section exceed either of the following:
(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders.
(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction.
(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.
Section 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read:
17406.
(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(c) This section shall become operative on July 1, 2022.

Summary: Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services’ Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval. The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district’s authority to not advertise for bids, shall become inoperative on July 1, 2022.

An act to amend Sections 17400 and 17406 of the Education Code, relating to school facilities.


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

SECTION 1.
Section 54964.5 of the Government Code is amended to read:
54964.5.
(a) A nonprofit organization or an officer, employee, or agent of a nonprofit organization shall not use, or permit another to use, public resources received from any local agency to make a contribution or expenditure not authorized by law.
(b) As used in this section and Section 84222.5, the following terms have the following meanings:
(1) “Local agency” has the same meaning as that term is defined in paragraph (4) of subdivision (b) of Section 54964 and shall also include a public entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) by one or more entities described in Section 54964.
(2) “Nonprofit organization” means an entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a nonprofit organization that qualifies for tax-exempt status under Section 115 or 501(c) of the federal Internal Revenue Code. “Nonprofit organization” does not include a nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(3) “Public resources” means either of the following:
(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services.
(B) Funds received by a nonprofit organization that have been generated from any activities related to conduit bond financing by those entities subject to the conduit financing and transparency and accountability provisions of Chapter 10.7 (commencing with Section 5870) of Division 6 of Title 1, whether or not those funds are received by the nonprofit organization in exchange for consideration for goods or services.
(4) “Publicly funded nonprofit organization” means a nonprofit organization for which public resources from one or more local agencies account for more than 20 percent of the nonprofit organization’s annual gross revenue in the current fiscal year or either of the previous two fiscal years.
(5) “Use” means a use of public resources from one or more local agencies that is substantial enough to result in a gain or advantage to the user or a loss to a local agency for which a monetary value may be estimated.
(c) This section does not prohibit the use of public resources for expenditures authorized by law, including all of the following:
(1) The costs of adopting a position or resolution supporting or opposing a clearly identified ballot measure or candidate, including posting the position or resolution on the nonprofit organization’s Internet Web site, communicating the position or resolution to members of the nonprofit organization, or issuing a press statement.
(2) Incidental or minimal use of public resources.
(3) Incidental costs related to the establishment or administration of a sponsored committee, as defined in Section 82048.7. A reasonable accounting method may be used to determine the use of nonpublic resources to pay for that cost. For purposes of this paragraph, “establishment and administration” means the cost of office space, telephones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in establishing and operating a sponsored committee.
(4) Providing information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the state or a local agency if the informational activities meet both of the following conditions:
(A) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state.
(B) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure.
(d) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for a violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasury of that city.
(2) A civil action alleging a violation of this section shall not be commenced more than four years after the date of the alleged violation.
SEC. 2.
Section 54964.6 of the Government Code is repealed.
SEC. 3.
Section 84222.5 is added to the Government Code, to read:
84222.5.
(a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall establish and deposit into a separate bank account all funds that will be used to make contributions and expenditures, and those contributions and expenditures shall come from that separate bank account.
(b) In addition to subdivisions (b) and (c) of Section 84222, a publicly funded nonprofit organization is a recipient committee within the meaning of subdivision (a) of Section 82013 if any of the following occur:
(1) It makes contributions or expenditures totaling fifty thousand dollars ($50,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling two thousand five hundred dollars ($2,500) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the prior quarter.
(2) By January 31 of each odd-numbered year, it makes contributions or expenditures totaling one hundred thousand dollars ($100,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling ten thousand dollars ($10,000) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the previous two years.
(c) If a publicly funded nonprofit organization qualifies as a recipient committee pursuant to subdivision (b), it shall comply with the registration and reporting requirements of Section 84222.
(d) Each publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall provide to the Commission, and display on the organization’s Internet Web site, the information it is required to disclose under this section. The information shall be clearly described and identified on a separate Internet Web page that is linked from the homepage of the organization’s Internet Web site. The link to this Internet Web page from the homepage shall be as visible as all similar links.
(e) The Commission may require an audit of a publicly funded nonprofit organization that is required to provide records to the Commission pursuant to this section. The Commission shall require an audit of any publicly funded nonprofit organization that makes contributions or expenditures in excess of five hundred thousand dollars ($500,000) in a calendar year. The publicly funded nonprofit organization shall provide records to the Commission to substantiate the information required to be disclosed by this section.
(f) If the Commission determines at the conclusion of an audit that a publicly funded nonprofit organization has violated this section, the Commission, the Attorney General, or the district attorney for the county in which the organization is domiciled may impose a civil fine upon the organization in an amount up to ten thousand dollars ($10,000) for each violation.
(g) The definitions in subdivision (b) of Section 54964.5 apply to this section.
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.
SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.

Summary: Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition. This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition. Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines “reporting nonprofit organization” as a nonprofit organization for which public resources from one or more local agencies account for more than 20 of the nonprofit organization’s annual gross revenue, as specified. Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1), for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above. This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term “reporting nonprofit organization” to “publicly funded nonprofit organization,” defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20 of the nonprofit organization’s annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board’s authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization. The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

An act to amend Section 54964.5 of, to add Section 84222.5 to, and to repeal Section 54964.6 of, the Government Code, relating to nonprofit organizations.


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

SECTION 1.
Section 6292 of the Revenue and Taxation Code is amended to read:
6292.
(a) Except when the sale is by lease, when a mobilehome or commercial coach required to be registered annually under the Health and Safety Code or a vehicle required to be registered under the Vehicle Code is sold at retail by other than a person licensed or certificated pursuant to the Health and Safety Code or the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Housing and Community Development acting for and on behalf of the board pursuant to Section 18123 of the Health and Safety Code or to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 4750.5 of the Vehicle Code.
(b) If the purchaser makes an application to either department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the appropriate department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 4750.5 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 4750.5 of the Vehicle Code.
SEC. 2.
Section 6293 of the Revenue and Taxation Code is amended to read:
6293.
(a) Except when the sale is by lease, when a vehicle subject to identification under Division 16.5 (commencing with Section 38000) of the Vehicle Code or a vehicle that qualifies under the permanent trailer identification plate program pursuant to subdivision (a) of Section 5014.1 of the Vehicle Code, is sold at retail by other than a person licensed or certificated pursuant to the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, or a person required to hold a seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 by reason of the number, scope, and character of his or her sales of those vehicles, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 38211 of the Vehicle Code.
(b) If the purchaser makes an application to
that
the
department
which
that
is not timely, and is subject to penalty because of delinquency in effecting identification or transfer of ownership of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591 of this code, but no interest shall accrue.
(c) Application to
that
the
department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to
that
the
department, or does not pay the amount of use tax due, or files a return with the board under Section 6455
which
that
is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 38211 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the tax area code data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 38211 of the Vehicle Code.
SEC. 3.
Section 6294 of the Revenue and Taxation Code is amended to read:
6294.
(a) When an undocumented vessel required to be registered under the Vehicle Code is sold at retail by other than a person holding a seller’s permit and regularly engaged in the business of selling vessels, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vessel must pay the use tax to the Department of Motor Vehicles acting for, and on behalf of, the board pursuant to Section 9928 of the Vehicle Code.
(b) If the purchaser makes an application to the department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the undocumented vessel, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the department by the purchaser shall relieve the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 9928 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vessel, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 9928 of the Vehicle Code.
SEC. 4.
Section 4750.5 of the Vehicle Code is amended to read:
4750.5.
(a) The department shall withhold the registration or the transfer of registration of a vehicle sold at retail to an applicant by a person other than a vehicle manufacturer or dealer holding a license and certificate issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5, or an automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5, or a lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5, and subject to the provisions of Section 11615.5, until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.
SEC. 5.
Section 9928 of the Vehicle Code is amended to read:
9928.
(a) The department shall withhold the certificate of number or the transfer of registration of a vessel sold at retail to an applicant by a person other than a person holding a seller’s permit pursuant to Section 6066 of the Revenue and Taxation Code, and regularly engaged in the business of selling vessels, until the applicant pays to the department the use tax measured by the sales price of the vessel as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vessel shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vessel shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of the use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vessel will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vessels to which this section relates.
(f) The department and the State Board of Equalization shall enter into an agreement for the collection of the use tax pursuant to this section and Section 6294 of the Revenue and Taxation Code. The agreement shall specify the procedures agreed upon by the department and the board for collection of the tax and the reimbursement provided for in subdivision (d). The agreement shall be approved by the Department of Finance.
(g) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vessel is registered.
SEC. 6.
Section 38211 of the Vehicle Code is amended to read:
38211.
(a) The department shall withhold identification of or the transfer of ownership of a vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for identification or transfer of ownership, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.

Summary: Existing law requires the Department of Motor Vehicles to withhold the registration or the transfer of registration of any vehicle or vessel, and to withhold identification or transfer of ownership of any off-highway vehicle subject to identification, until the applicant for registration or identification pays to the department the use tax measured by the sales price of the vehicle or vessel as required by the Sales and Use Tax Law, together with penalty, except as specified. Existing law requires the department to transmit all collections of use tax and penalty to the State Board of Equalization. This bill would require, in addition, that the department determine all local use taxes the applicant is responsible to pay by specific address data provided by the applicant, and where the vehicle or vessel is to be registered. The bill would require the department to transmit the address data to the board, and would make the data subject to specified information sharing provisions. tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board. This bill would require the board to allocate the use taxes transmitted by the department to the jurisdiction where the purchaser registers the purchased vehicle or vessel by the specific address tax area code data provided to the board by the department. This bill would declare the intent of the Legislature that the department and the board administer the provisions relating to registration of vehicles and vessels and identification of off-highway vehicles for these purposes in a manner that ensures that applicable local sales taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle or vessel is registered.

An act to amend Sections 6292, 6293, and 6294 of the Revenue and Taxation Code, and to amend Sections 4750.5, 9928, and 38211 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 103885 of the Health and Safety Code is amended to read:
103885.
(a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature.
(b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide, on a timely basis, cancer incidence data as designated by the state department to the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation.
(c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.
(d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the state department or the authorized representative for its cost to access and report the information.
(2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer.
(3) (A) On or after January 1, 2019, a pathologist diagnosing cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department.
(B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information.
(C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to him or her beyond the content of the required cancer-specific data elements.
(D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an Internet Web portal for electronic submission.
(E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once. If a pathology report is submitted by a pathologist electronically, pursuant to this paragraph, the same pathology report is not required to be submitted to the department by any other means.
(e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 1
1/2
percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department.
(f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund.
(g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.”
(2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect.
(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.
(4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:
(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.
(5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.
(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.
(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(h) For the purpose of this section, “cancer” means either of the following:
(1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin.
(2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct.
(i) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries.
(j) It is the intent of the Legislature that the department, in establishing a system pursuant to this section, maximize the use of available federal funds.

Summary: Existing law requires the State Department of Public Health to establish a statewide system for the collection of information determining the incidence of cancer, known as the Ken Maddy California Cancer Registry. Existing law authorizes the department to designate any demographic parts of the state as regional cancer incidence reporting areas and establish regional cancer registries to provide cancer incidence data. Existing law requires any hospital or other facility providing therapy to cancer patients within a cancer reporting area to report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. Existing law provides that if the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative is authorized to access the information from the hospital or the facility and report it in the appropriate format. In these cases, existing law requires the hospital or other health facility to reimburse the department or the authorized representative for its cost to access and report the information. Existing law also requires any physician, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients to report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of cancer. This bill, on or after January 1, 2019, would, among other things, require a pathologist diagnosing cancer to report cancer diagnoses to the department by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal provided by the department. If a pathologist fails to report electronically and with an approved format, the bill would authorize the department’s authorized representative to access the information from the pathologist in an appropriate alternative format. In these cases, the bill would require the pathologist to reimburse the department or the authorized representative for its cost to access and report the information. The bill would require the department to prescribe the data required to be included in the reports and to work collaboratively with stakeholders to designate a standardized electronic format for submission of the reports.

An act to amend Section 103885 of the Health and Safety Code, relating to cancer.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Computer science education is not only about access to computers. It is about innovation and development of technology. Computer science education builds pupils’ computational and critical thinking skills, which enables them to create, and not simply use, the next generation of technological tools. This fundamental knowledge is needed to prepare pupils for the 21st century regardless of their ultimate field of study or occupation.
(2) Computer science drives job creation and innovation throughout our state’s economy. Providing access to computer science education is a critical step for ensuring that California remains competitive in the global economy and strengthens its cybersecurity. Last year, there were over 600,000 technology jobs open across the United States, and, by 2018, 51 percent of all science, technology, engineering, and mathematics (STEM) jobs are projected to be in computer science-related fields. In California, there are currently 86,436 open computing jobs, which is four times the average demand rate in California.
(3) Computing occupations make up two-thirds of all projected new jobs in STEM fields, making computer science one of the most in-demand college degrees. However, California only had 3,525 computer science graduates in 2014 with only 15 percent female graduates.
(4) There are fewer advanced placement (AP) examinations taken in computer science than in any other STEM subject area. Of the high school pupils in California who took the AP computer science examination in 2015, only 26 percent were female, only 973 were Latino, and only 148 were African American. Only 242 schools in California, or 16 percent of California schools with AP programs, offered the AP computer science course in the 2013–14 school year.
(5) President Obama’s Computer Science for All initiative builds on the momentum at the state and local level. The President’s upcoming budget proposes funding for the United States Department of Education, available over three years, for states to increase access to computer science education in elementary and secondary education classrooms. Under the program, states would submit comprehensive five-year “Computer Science for All” plans in order to be eligible for federal funding, and every state with a well-designed strategy would receive funds. In addition to state-level grants, the budget will also dedicate funds for competitive grants specifically for leading districts to execute ambitious computer science education expansion efforts for all pupils, including traditionally underrepresented pupils, with those efforts to serve as models for national replication.
(6) However, access to computer science education for all pupils is still a challenge, especially for underrepresented communities. Only one out of four K–12 schools teaches any computer science, leaving 75 percent of pupils today without the opportunity to develop skills that could help them thrive in the future.
(7) Exposure to computer science at a young age has the potential to address the diversity gap in computer science fields. Girls who take AP computer science in high school are 10 times more likely to major in computer science in college. African American and Latino pupils who take this course in high school are over seven times more likely to major in this field.
(8) A Google-Gallup survey found that nine out of 10 parents say they want computer science taught in their schools, and the majority of parents and teachers believe it should be required learning for 21st century pupils.
(9) Computer science has often been confused with broader technology education in schools. California should adopt distinct standards for computer science focused on both the creation and use of software and computing technologies at all levels of K–12 education.
(b) It is the intent of the Legislature that all pupils in kindergarten and grades 1 to 12, inclusive, have access to computer science education, with a strong focus on pupils underrepresented in computer science, including girls, low-income and underserved school districts, and rural and urban school districts.
(c) It is the intent of the Legislature that the only predetermined outcome be to increase access to computer science in California schools and to account for disparate views as recommendations are provided.
SEC. 2.
Chapter 19 (commencing with Section 53310) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER  19. Computer Science Strategic Implementation Plan
53310.
(a) On or before September 1, 2017, the Superintendent shall convene a computer science strategic implementation advisory panel to develop recommendations for a computer science strategic implementation plan. The advisory panel shall hold public meetings, post the location and time of the meetings, and post agendas online. Members of the advisory panel shall possess expertise in computer science.
(b) The advisory panel shall consist of, but not necessarily be limited to, the following members:
(1) The Superintendent or his or her designee, who shall serve as cochair of the advisory panel.
(2) A representative of the Governor, who shall serve as cochair of the advisory panel.
(3) A representative designated by the Senate Committee on Rules.
(4) A representative designated by the Speaker of the Assembly.
(5) (A) Six K–12 teacher representatives, designated by the Superintendent.
(B) It is the intent of the Legislature that these representatives include two elementary school teachers, two middle school teachers, and two high school teachers who are all currently teaching.
(C) It is further the intent of the Legislature that these representatives include one teacher from a large urban school district and one from a rural school district.
(6) A representative representing the Commission on Teacher Credentialing.
(7) A credentialed teacher representing the Computer Science Teachers Association.
(8) A representative of the private sector technology industry, designated by the Superintendent.
(9) A faculty member from the University of California.
(10) A faculty member from the California State University.
(11) A faculty member from the California Community Colleges.
(12) A faculty member from a private postsecondary educational institution, designated by the Superintendent.
(13) A credentialed teacher from the Instructional Quality Commission.
(14) A representative from an equity-focused organization knowledgeable of computer science/STEM education programs, designated by the Superintendent.
(15) A representative from a parent organization, designated by the Superintendent.
(16) A representative representing school administrators and superintendents, designated by the Superintendent.
(17) A pupil enrolled in a public school, designated by the Superintendent.
(18) A representative from a county office of education, designated by the Superintendent.
(c) Administrators from the University of California, the California State University, and the California Community Colleges may serve as advisers to the advisory panel to provide input on the computer science strategic implementation plan.
53311.
(a) On or before July 1, 2018, the computer science strategic implementation advisory panel shall submit recommendations for a computer science strategic implementation plan to the department, the state board, and the Legislature that includes, at a minimum, recommendations on all of the following:
(1) Broadening the pool of teachers to teach computer science. These recommendations may provide, among other things, for the following:
(A) Providing training and professional development for education in computer science pursuant to Section 60605.4.
(B) Creating a teacher certification pathway in computer science.
(C) Expanding scholarship eligibility and loan forgiveness programs for computer science teachers in low-income and underserved school districts and rural and urban school districts.
(2) Defining computer science education principles that meet the needs of pupils in kindergarten and grades 1 to 12, inclusive.
(3) Ensuring that all pupils have access to quality computer science courses. These recommendations may provide, among other things, for the following:
(A) Scaling up computer science education coursework so that all high schools teach at least one computer science course.
(B) Providing access to computer science in both college and career pathways.
(C) Ensuring school districts have adequate broadband connectivity and infrastructure and access to hardware and software. This may include, but is not limited to, the development of grant programs that prioritize high-need school districts.
(D) Removing local policy and regulatory barriers that local educational agencies face when implementing computer science education.
(E) Increasing the participation of pupils traditionally underrepresented in computer science education.
(b) The recommendations shall be submitted to the Legislature in conformance with Section 9795 of the Government Code.
(c) Upon completion of the recommendations for a computer science strategic implementation plan, the computer science strategic implementation advisory panel established pursuant to Section 53310 shall cease to exist.
53312.
(a) The Superintendent shall appoint a statewide computer science liaison within the department to serve the computer science strategic implementation advisory panel, including, but not limited to, in the following actions:
(1) Coordinating the efforts of the advisory panel by writing up the recommendations of the advisory panel members and disseminating them to all stakeholders.
(2) Soliciting input and public comments.
(3) Preparing the necessary legislative reports to share the advisory panel’s recommendations.
(4) Ensuring that the advisory panel’s recommendations adopted by the state board are implemented.
(b) The duration of the liaison’s role shall only be for a limited period of time subsequent to the adoption by the state board of academic content standards in computer science and the curriculum framework for computer science in order to provide technical assistance and support to local educational agencies in commencing implementation of the computer science academic content standards and curriculum framework.
53313.
The department and state board shall consider the recommendations submitted by the computer science strategic implementation advisory panel pursuant to Section 53311. The department shall develop, and the state board shall adopt, a computer science strategic implementation plan on or before January 1, 2019. The department shall submit the plan adopted by the state board to the Legislature in conformance with Section 9795 of the Government Code on or before January 1, 2019.
53314.
If state or federal funds are not available or sufficient for purposes of this chapter, the computer science strategic implementation advisory panel may evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented.
53315.
This chapter shall become inoperative on July 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.

Summary: Existing law requires the Instructional Quality Commission, on or before July 31, 2019, to consider developing and recommending to the State Board of Education computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts convened by the Superintendent of Public Instruction in consultation with the state board. This bill would require the Superintendent to convene, on or before September 1, 2017, a computer science strategic implementation advisory panel composed of 23 members, as specified, to develop and submit recommendations for a computer science strategic implementation plan to the State Department of Education, the state board, and the Legislature on or before July 1, 2018. The bill would require the department and the state board to consider the advisory panel’s recommendations. The department to develop, and the state board to adopt, a computer science strategic implementation plan on or before January 1, 2019. And the department to submit the plan adopted by the state board to the Legislature on or before January 1, 2019. The bill would require the Superintendent to appoint a statewide computer science liaison to serve the advisory panel, as provided. The bill would authorize the advisory panel, if state or federal funds are not available or sufficient for purposes of these provisions, to evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. The bill’s provisions would be repealed on January 1, 2021.

An act to add and repeal Chapter 19 (commencing with Section 53310) of Part 28 of Division 4 of Title 2 of the Education Code, relating to school curriculum.