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

SECTION 1.
The Legislature finds and declares all of the following:
(a) In the 1970s, California led the nation in the creation of its licensing system for community care facilities, and pioneered recognition of the special needs of infants and toddlers with a license distinct from preschool-age care.
(b) While the standard of care in California statutes remains appropriate, the bifurcation of early care licensing in California into two separate licenses is unnecessary and problematic.
(c) Many states now mandate the standard required in California, but without dual-licensing. California is one of only two states in the country that employ a separate infant-toddler license. Other states employ a single license for early childhood centers, mandating developmentally appropriate standards based on the age of the children served.
(d) Even in California, family day care homes are not subject to the dual license requirement. Only private fee and state and federally funded child day care facilities are subject to the dual license requirement.
(e) It is the intent of the Legislature to create a third facility license option serving children from birth to entering first grade. This additional facility license option shall not replace the current infant license, preschool license, and toddler component option, but instead be in addition to these early care and education facility licensure options.
(f) It is also the intent of the Legislature that all of the following are required under the birth to entering first grade license option:
(1) Children shall be grouped together by their appropriate developmental levels, and appropriate staff-child ratio and group size regulations shall be followed.
(2) Children shall transition from age-appropriate classrooms or program spaces when their developmental level is appropriate for such a move.
(3) A child’s chronological age and the entire group’s need shall also be considering factors for these moves.
(4) All children shall be supervised appropriately by teachers and aides with appropriate staff qualifications. Toddlers may be grouped with either infants or preschoolers as long as the requirements applicable to the youngest age group in the group are followed.
(5) Emphasis shall be placed on improving the quality of early care and education for children from birth to entering first grade in center-based programs.
(6) Long-term efficiency within the Community Care Licensing Division of the State Department of Social Services shall be promoted through the elimination of duplicate paperwork, toddler component waiver processing, and compliance visits to day care centers.
(7) A single inspection visit and administration of the birth to entering first grade day care center shall be implemented versus multiple inspection visits and administration of a day care center with an infant license or preschool license and a toddler component option. This will increase efficiency and allow a department analyst to more holistically evaluate the birth to entering first grade day care center, which will lead to stronger health and safety practices. The efficiencies gained will reduce cost pressure on the department and allow more providers to operate in California, and thus open more spaces for children and parents waiting for care.
(g) The ability for providers to choose which type of facility license option best meets their specific programmatic contract, business, and community needs will allow for more flexibility in the planning for a successful operation of the center.
SEC. 2.
Section 1596.951 is added to the Health and Safety Code, to read:
1596.951.
(a) The department shall, in consultation with stakeholders through the regulatory process, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. Regulations adopted pursuant to this section shall include all of the following:
(1) Age-appropriate transition periods that do all of the following:
(A) Allow children to transition from one age group to another age group up to three months before or three months after their birthday.
(B) Take the needs of the whole age group into consideration in order to move children together.
(C) Consider continuity of care of the children and parents being served.
(D) Consider the needs of the day care center licensees to maximize spaces being used.
(2) A requirement that when a birth to entering first grade license option is being issued to a new or current day care center licensee, the licensee shall list the age groups of children being served at the day care center for the purposes of license inspections, data collection management, and county needs assessments.
(3) A requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option.
(b) (1) A new applicant for a birth to entering first grade license option may be charged a fee commensurate with the other age specific facility license fee schedules.
(2) Until an existing day care center license has been replaced with a birth to entering first grade license option, a day care center licensee shall maintain a day care center that meets regulatory standards for the age groups of children that are being cared for at the day care center, and standards for inspection of a day care center shall be based on the current license.
(c) Stakeholders consulted in adopting regulations pursuant to this section shall include, but are not limited to, the State Department of Education, California Association for the Education of Young Children, Early Edge California, First 5 California, Children Now, Alliance for Early Success, California Head Start Association, California Child Development Administrators Association, California Child Care Resource and Referral Network, California Child Care Coordinators Association, Infant Development Association, the Western Office of Zero to Three, L.A. Alliance, Professional Association for Childhood Education, Californians for Quality Early Learning, WestEd, American Federation of State, County and Municipal Employees, Title 5 and Head Start-funded center-base child care providers, and private fee -for-service center-based child care providers.

Summary: Existing law provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. This bill would require the department to, in consultation with specified stakeholders, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. The bill would require the regulations to include age-appropriate transition times, as specified, a requirement that a single integrated license option list the age groups of children being served at the day care center, and a requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. The bill would require, until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license.

An act to add Section 1596.951 to the Health and Safety Code, relating to care facilities.


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

SECTION 1.
Section 12804.9 of the Vehicle Code is amended to read:
12804.9.
(a) (1) The examination shall include all of the following:
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the
highways.
highways, including, but not limited to,
provisions relating to
safe overtaking and passing, including, but not limited to, Section 21753.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.
(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.
(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.
(iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.
(I) A motorized scooter.
(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.
(K)  Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.
(g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
(i) A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.

Summary: Under existing law, upon application for an original driver’s license, except student licenses, the Department of Motor Vehicles shall require an examination of the applicant. Existing law requires that the examination test the applicant’s knowledge and understanding of, among other things, the provisions of the Vehicle Code governing the operation of vehicles upon the highways. This bill would require the test of the applicant’s knowledge and understanding of the operation of vehicles on the highway to include provisions that cover safe overtaking and passing, as specified.

An act to amend Section 12804.9 of the Vehicle Code, relating to driver’s licenses.


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

SECTION 1.
Section 6601 of the Welfare and Institutions Code is amended to read:
6601.
(a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date.
(2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996.
(b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600.
(c) The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment.
(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g).
(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information.
(g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article.
(h) (1) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person. Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court.
(2) If a hold is placed pursuant to Section 6601.3 and the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the end of the hold.
(3) The person shall have no right to enforce the time limit set forth in this subdivision and shall have no remedy for its violation.
(i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article.
(j) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator.
(k) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision.
SEC. 2.
Section 6601.3 of the Welfare and Institutions Code is amended to read:
6601.3.
(a) Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals pursuant to subdivision (b) of Section 6601 remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to subdivisions (c) to (i), inclusive, of Section 6601.
(b) For purposes of this section, good cause means circumstances where there is a recalculation of credits or a restoration of denied or lost credits by any custodial agency or court, a resentencing by a court, the receipt of the prisoner into custody, or equivalent exigent circumstances that result in there being less than 45 days prior to the person’s scheduled release date for the full evaluation described in subdivisions (c) to (i), inclusive, of Section 6601.

Summary: Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the State Department of State Hospitals for a full evaluation. Existing law authorizes the board, upon a showing of good cause, as defined, to order that the person referred to the State Department of State Hospitals remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment. This bill would require the Director of State Hospitals to forward the request no less than 20 calendar days prior to the scheduled release date of the person or, if the person is ordered by the board to remain in custody beyond the person’s scheduled release date, no less than 20 calendar days prior to the end of that hold. The bill would modify the definition of “good cause” in the above provision. The bill would also make technical, nonsubstantive changes to these provisions.

An act to amend Sections 6601 and 6601.3 of the Welfare and Institutions Code, relating to mental health.


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

SECTION 1.
This act shall be known and may be cited as the Fix Our Roads Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) According to the Governor, California faces a $5.7 billion annual shortfall in funding state highway maintenance and rehabilitation. Local governments have identified an additional $7.8 billion annual shortfall for maintaining local streets and roads.
(b) Ensuring the safe and efficient movement of goods and people is a fundamental role of government. California has neglected its roads and highways. According to the Department of Transportation (Caltrans), more than 15 percent of the state’s 50,000 miles of state highways are characterized as “distressed,” and require substantial rehabilitation and reconstruction work. An additional 25 percent of the state highway system is in need of corrective maintenance.
(c) California is ranked 45th in the United States by the Reason Foundation’s 21st Annual Report on the Performance of State Highway Systems for overall highway condition and performance.
(d) According to The Road Information Program, a national transportation research group, congestion-related delays cost California motorists $20.4 billion every year. In Los Angeles and the Bay Area, the average motorist loses 61 hours due to congestion each year, costing $1,300 in lost time and wasted fuel. In the commercial sector, $1.34 trillion in goods are shipped from sites in California. According to the American Transportation Research Institute, traffic congestion in California adds over $1.7 billion annually in operational costs for the commercial trucking sector.
(e) According to the American Petroleum Institute, Californians pay the fourth highest gas tax in the nation.
(f) In 2015, the state’s cap-and-trade program was expanded to cover transportation fuels. According to the State Energy Resources Conservation and Development Commission, this added an additional 10 cents to the cost of a gallon of gas. The Legislative Analyst’s Office estimates this tax will grow automatically to between 13 cents and 20 cents per gallon over the next five years. When this “hidden tax” is included, Californians pay the highest gas tax in the nation.
(g) This hidden tax on gasoline will generate between $1 billion and $3 billion per year in new revenue. None of this revenue supports road maintenance and rehabilitation.
(h) During the last recession, the Legislature diverted approximately $1 billion per year in truck weight fees from funding road maintenance and rehabilitation to backfill the state’s General Fund.
(i) General Fund spending grew by more than $15 billion between the 2013–14 and 2015–16 fiscal years. The weight fee diversion has not been reversed, and none of this new spending directly supported road maintenance or rehabilitation projects.
(j) The Legislative Analyst projects the state will have an $11.5 billion surplus in the 2016–17 fiscal year.
(k) The Legislature borrowed $482 million from the state’s Traffic Congestion Relief Program in 2001. None of this loan has been repaid.
(l) The Legislature is funding construction of a $68-billion-high-speed rail project. If constructed, this project would reduce traffic congestion by only 1 percent. In addition to more than $500 million per year in cap-and-trade revenue, taxpayers will pay $650 million per year in bond debt service over the next 30 years to fund this project.
(m) California does not spend existing road funds efficiently. The cost of meeting the state’s highway maintenance needs has nearly tripled over 10 years, while gas tax revenue for maintenance has remained steady. In May 2014, the Legislative Analyst released a review of staff support costs at Caltrans. The report determined that Caltrans is overstaffed by 3,500 full-time employees, at a cost of more than $500 million per year.
(n) Gas taxes and vehicle registration fees are regressive, and disproportionately harm low-income and middle class working families. Lower income Californians drive less fuel efficient vehicles, and commute longer distances due to the state’s lack of affordable housing.
(o) According to the American Automobile Association, Californians already pay the highest gas prices in the nation.
(p) The Governor proposes placing 1,500,000 zero-emission vehicles on California’s roads by 2025. Electric vehicle owners are disproportionately wealthy, and do not contribute any gas tax to pay for road maintenance and rehabilitation. According to an October 2015 University of California, Berkeley, study, the wealthiest 20 percent of households capture 90 percent of federal tax credits for electric vehicle purchases.
(q) Because electric vehicle owners do not pay gas tax, increasing the gas tax shifts the burden for roadway maintenance to lower income Californians.
(r) In September 2015, the Governor proposed a $500 million gas tax increase, and a $2 billion vehicle registration fee increase, to fund road maintenance and rehabilitation. The $65 registration fee increase would more than double the existing base registration fee.
SEC. 3.
A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 4.
(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following advisory question to the voters at the November 8, 2016, consolidated election:
“Shall the California Legislature disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?”
(b) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section.
SEC. 5.
(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election.
(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number.
(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act.
SEC. 6.
This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election an advisory question asking whether the California Legislature should “disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation.” The bill would also make legislative findings and declarations. This bill would declare that it is to take effect immediately as an act calling an election.

An act relating to transportation, calling an election, to take effect immediately.


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

SECTION 1.
Section 44332 of the Education Code is amended to read:
44332.
(a) Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in children’s centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
SEC. 2.
Section 44332.5 of the Education Code is amended to read:
44332.5.
(a) (1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2) A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission.
(b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1) Made full disclosure of all facts necessary to establish his or her true identity.
(2) Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3) Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981.
(c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.
SEC. 3.
Section 44332.6 of the Education Code is amended to read:
44332.6.
(a) (1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2) Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b) This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony.
(c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
(2) Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
SEC. 4.
Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:
Article  15. Nonpublic, Nonsectarian Schools
44405.
(a) A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e) For purposes of this article, “nonpublic, nonsectarian school” has the same meaning as defined in Section 56034.
44406.
(a) Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission.
(b) The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).
44407.
The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44408.
The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article.
44409.
This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.

Summary: Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice. This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission. Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission. Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available. This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies. The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies. The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill. The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.

An act to amend Sections 44332, 44332.5, and 44332.6 of, and to add and repeal Article 15 (commencing with Section 44405) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, relating to teacher credentialing.


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

SECTION 1.
Section 50199.10 of the Health and Safety Code is amended to read:
50199.10.
(a) For purposes of allocating low-income housing credits, the committee is hereby designated as this state’s only housing credit agency for purposes of Section 42(h) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)). The committee shall annually determine and shall allocate the state ceiling in accordance with this chapter and in conformity with federal law. The committee shall determine the housing credit ceiling as soon as possible following the effective date of this chapter and thereafter following the commencement of each calendar year. The committee shall undertake any and all responsibilities of housing credit agencies under Section 42 of Title 26 of the United States Code, including entering into regulatory agreements relating to projects that are granted awards.
(b) The committee shall develop and provide application forms for use by housing credit applicants. The committee shall adopt uniform procedures for submission and review of applications of housing credit applicants, including fees to defray the committee’s costs in administering this chapter. In the committee’s discretion, the fees shall be charged to a housing credit applicant as a condition of submitting an application or as a condition of receiving an allocation or reservation of the state’s current or anticipated housing credit ceiling, or both.
(c) In addition to allocating the current housing credit ceiling, the committee may reserve a portion of the state’s anticipated housing credit ceiling for a subsequent year for a housing credit applicant.
(d) As a condition to making an allocation of the housing credit ceiling or a reservation of the anticipated housing credit ceiling for a subsequent year, the committee may require the housing credit applicant receiving the allocation or reservation to deposit with the committee an amount of money as a good-faith undertaking. The committee shall adopt policies for determining when deposits will be required, prescribing procedures for return of deposits, and specifying the circumstances under which the deposits will be forfeited in whole or in part for failure to timely utilize the allocation or reservation provided to the housing credit applicant.
(e) (1) The committee may make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to terms and conditions in furtherance of the purposes of this part. The committee may condition an allocation or reservation on the execution of a contract between the housing credit applicant and the committee requiring the housing credit applicant to comply with all the terms of Section 42 of the federal Internal Revenue Code, any applicable state laws, and any additional requirements the committee deems necessary or appropriate to serve the purposes of this chapter, and providing for legal action to obtain specific performance or monetary damages for breach of contract.
(2) No allocations or reservations shall be made pursuant to this subdivision with respect to projects that do not meet the requirements of the qualified allocation plan, and no allocations or reservations shall be made in amounts that do not meet the requirements of paragraph (2) of subsection (m) of Section 42 of Title 26 of the United States Code.
(3) (A) With respect to an allocation or reservation, the committee may establish a schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. In developing the schedule of fines, the committee shall establish the fines for violations in an amount up to five hundred dollars ($500) per violation or double the amount of the financial gain because of the violation, whichever is greater. Except for serious violations, which shall be defined by the committee, a first-time property owner violator shall be given at least 30 days to correct the violation before a fine is imposed. A violation that has occurred for some time prior to discovery is one violation, but fines may be a recurring amount if the violation is not corrected within a reasonable period of time thereafter, as determined by the committee. A property owner may appeal a fine to the committee.
(B) By resolution at a public general committee meeting, the committee shall adopt and may revise the schedule of fines, which shall include specific violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations and fine amounts subject to the criteria in subparagraph (A).
(C) All fines received by the committee shall be deposited in the Housing Rehabilitation Loan Fund established in Section 50661.
(D) If a fine assessed against a property owner is not paid within six months from the date when the fine was initially assessed by the committee and after reasonable notice has been provided to the property owner, the committee may record a lien against the property. Consistent with Sections 1214 and 1215 of the Civil Code, a lien created pursuant to this paragraph shall not be superior to any lien recorded prior to the recording of this lien.

Summary: Under existing law, the California Tax Credit Allocation Committee administers the federal and state low-income housing tax credit programs. Existing law requires the committee to allocate the housing credit on a specified regular basis and requires the committee to only allocate credits to a project if the housing sponsor enters into a specified regulatory agreement. Existing law authorizes the committee to make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to specified terms and conditions. Existing law establishes the Housing Rehabilitation Loan Fund, which is continuously appropriated to the Department of Housing and Community Development, to fund various housing-related purposes. This bill would authorize the committee to establish a specified schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. The bill would require the committee to define serious violations and, except for serious violations, would require a first-time property owner violator to be given the opportunity to correct the violation before the fine is imposed. The bill would authorize a property owner to appeal a fine to the committee. The bill would require these fines to be deposited in the Housing Rehabilitation Loan Fund and would authorize the committee to record a property lien if the fine has not been paid within a specified period of time. By depositing these fines into the Housing Rehabilitation Loan Fund, a continuously appropriated fund, the bill would make an appropriation.

An act to amend Section 50199.10 of the Health and Safety Code, relating to housing, and making an appropriation therefor.


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

SECTION 1.
Section 3017 of the Elections Code is amended to read:
3017.
(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day.
(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis.
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.
SEC. 1.5.
Section 3017 of the Elections Code is amended to read:
3017.
(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot, (2) return the ballot in person to a member of a precinct board at a polling place or vote center within the state, or (3) return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The ballot must, however, be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis.
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 3017 of the Elections Code proposed by both this bill and Senate Bill 450. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 3017 of the Elections Code, and (3) this bill is enacted after Senate Bill 450, in which case Section 1 of this bill shall not become operative.

Summary: Existing law requires that the vote by mail ballot be available to any registered voter. Under existing law, a voter who is unable to return his or her vote by mail ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or person residing in the same household as the vote by mail voter to return the vote by mail ballot. Except in the case of a candidate or the spouse of a candidate, existing law prohibits the return of a voter’s vote by mail ballot by one of those designees who is also a paid or volunteer worker of a general purpose committee, controlled committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. This bill would remove those restrictions and instead authorize the designation of any person to return a vote by mail ballot. The bill would prohibit a person designated to return a vote by mail ballot from receiving any form of compensation, as defined, based on the number of ballots that the person has returned and would prohibit an individual, group, or organization from providing compensation on this basis. The bill would state that any person in charge of a vote by mail ballot who knowingly and willingly engages in criminal acts related to that ballot is subject to the appropriate punishment pursuant to existing law. This bill would incorporate additional changes to Section 3017 of the Elections Code proposed by SB 450 that would become operative only if SB 450 and this bill are both chaptered and this bill is chaptered last.

An act to amend Section 3017 of the Elections Code, relating to elections.


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

SECTION 1.
Section 11658 of the Insurance Code is amended to read:
11658.
(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time.
(b) (1) An ancillary agreement shall not be issued by an insurer to a California employer unless the insurer files a copy of the ancillary agreement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time.
(2) (A) Subdivision (a) and paragraph (1) of this subdivision do not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation equal to or greater than two hundred fifty thousand dollars ($250,000), provided that, for an endorsement containing a deductible obligation, the endorsement complies with the requirements of subdivision (e) of Section 11735, or, for a retrospectively rated policy, is contained in an endorsement filed by a rating organization pursuant to Sections 11750.3 and 11753 and approved by the commissioner, and the California employer meets at least three of the following criteria:
(i) Is represented by a broker for negotiations regarding the ancillary agreement and either has a full-time risk manager involved in the evaluation of an ancillary agreement or is represented by counsel during negotiations regarding an ancillary agreement.
(ii) Has 500 or more employees.
(iii) Has an annual nationwide payroll in excess of twenty million dollars ($20,000,000).
(iv) Has a workers’ compensation manual standard premium on a countrywide basis in excess of one million dollars ($1,000,000).
(B) Paragraph (1) controls, and this paragraph does not apply to, an ancillary agreement between an insurer and a California employer that is either of the following:
(i) Issued pursuant to a coemployment arrangement, as defined in subdivision (g).
(ii) Negotiated, managed, or administered, in whole or in part, by a managing general agent (MGA), as defined in subdivision (c) of Section 769.81.
(3) An ancillary agreement shall not do either of the following:
(A) Amend or revise the coverage provided, any cancellation provision, any dispute resolution agreement, any premium or other costs, or the benefits payable, under a workers’ compensation policy unless it is filed and approved in accordance with this section.
(B) Include charges or costs as allocated loss adjustment expenses that are not defined as allocated loss adjustment expenses in the California Workers’ Compensation Uniform Statistical Reporting Plan - 1995, as identified in Section 2318.6 of Title 10 of the California Code of Regulations and any subsequent revisions, unless the ancillary agreement is filed and approved in accordance with this section.
(4) The terms and conditions of a workers’ compensation policy and any endorsements shall take precedence over the provisions contained in an ancillary agreement if there is an inconsistency or a conflict between the policy or endorsement and the ancillary agreement.
(5) Contemporaneously with any written quote to provide workers’ compensation coverage to a California employer, the insurer shall provide to the insurance agent or broker for the employer a draft of any ancillary agreement that the insurer reasonably expects to require the employer to sign, together with a notice that the terms of the ancillary agreement are negotiable between the insurer and the employer.
(6) An insurer may use and shall subsequently notify the insurance commissioner of an ancillary agreement described in paragraph (2) by providing a copy of the ancillary agreement to the commissioner within 30 days of the insurer issuing the ancillary agreement. The ancillary agreement shall not be subject to filing with the commissioner or rating organization or approval by the commissioner, but it shall be subject to all other authority granted to the commissioner under law.
(7) An ancillary agreement that is described in paragraph (2) shall include language stating that the ancillary agreement has not been filed with the rating organization or filed with, or approved by, the commissioner.
(8) This subdivision applies to ancillary agreements issued or renewed on or after January 1, 2017.
(c) If the commissioner notifies the insurer that a policy form, endorsement, or ancillary agreement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy form, endorsement, or ancillary agreement in that form.
(d) The withdrawal of a policy form, endorsement, or ancillary agreement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form, endorsement, or ancillary agreement was in effect.
(e) The terms and provisions of collateral and security agreements shall be negotiated contemporaneously with the inception or renewal of the underlying policy, and any revisions or additions to those terms subsequent to the inception or renewal of the policy shall be mutually agreed upon by the parties.
(f) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657.
(g) For purposes of this section, the following definitions apply:
(1) (A) “Ancillary agreement” means an agreement that is a supplementary writing or contract relating to a policy or endorsement form that adds to, subtracts from, or is inconsistent with the obligations of either the insured or the insurer under an insurance policy or endorsement.
(B) “Ancillary agreement” does not include any of the following:
(i) Limiting and restricting endorsements.
(ii) Customized limiting and restricting endorsements.
(iii) Collateral and security agreements.
(2) “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy.
(3) “Coemployment arrangement” means any arrangement, under contract or otherwise, whereby an entity utilizes the services of a third party to provide workers or human resources services for a fee or other compensation, including, but not limited to:
(A) A professional employer organization.
(B) A leasing employer, as defined in Section 606.5 of the Unemployment Insurance Code.
(C) A temporary services employer, as defined in Section 606.5 of the Unemployment Insurance Code.
(D) Any employer, regardless of name or form of organization, that is in the business of providing workers to other employers.
(4) “Collateral and security agreement” means an agreement between a California employer and an insurer under a large deductible program, large risk-rating program, or retrospectively rated program that relates to payments and reimbursements that the insured is contractually obligated to make to the insurer and that includes one or more of the following terms or provisions:
(A) The timing, method, and conditions for making payments to the insurer for amounts imposed by any state or regulatory taxing authority that are made on the insured’s behalf.
(B) The timing, method, and conditions for funding, paying, or reimbursing deductible or retrospectively rated amounts or other policy-related charges due under a policy.
(C) The type and amount of collateral the insured is required to post as security for its obligations.
(D) Payment due dates and transmittal information.
(E) Terms or provisions related to claims administration, including the method for selecting a claims administrator.
(F) Termination and dispute resolution provisions applicable to the collateral and security agreement.
(G) Terms of default under the collateral and security agreement.
(5) “Customized limiting and restricting endorsement” means an endorsement unique to a specific policy used under the following circumstances or for the following purposes:
(A) When the employer’s business is conducted in such a manner that it is impossible or impracticable to determine the nature, scope, and extent of employment covered by the insurer.
(B) To prevent the performance of work in such an extremely hazardous manner or under such hazardous conditions as would reflect a reckless disregard by the employer for the welfare of its employees.
(C) To prevent the issuance of an unrestricted policy if it would encourage an operation that is contrary to law or to the rules of a regulatory agency.
(6) “Limiting and restricting endorsement” means an endorsement that excludes from coverage some portion of workers’ compensation liability for which the employer is required to secure payment pursuant to the Labor Code that, after approval of the endorsement by the Insurance Commissioner, may be endorsed to a workers’ compensation policy.
(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
Section 11658 is added to the Insurance Code, to read:
11658.
(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time.
(b) If the commissioner notifies the insurer that the filed form or endorsement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy or endorsement in that form.
(c) The withdrawal of a policy form or endorsement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form or endorsement was in effect.
(d) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657.
(e) This section shall become operative on January 1, 2022.
SEC. 3.
Section 11658.5 of the Insurance Code is amended to read:
11658.5.
(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy, endorsement, ancillary agreement, or collateral and security agreement, as defined in Section 11658, issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer.
(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises.
(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law.
(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California.
(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy.
(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 4.
Section 11658.5 is added to the Insurance Code, to read:
11658.5.
(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy or endorsement issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer.
(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises.
(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law.
(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California.
(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy.
(e) This section shall become operative on January 1, 2022.

Summary: Existing law prohibits a workers’ compensation insurance policy or endorsement from being issued by an insurer unless the insurer files a copy of the form or endorsement with a rating organization and 30 days have expired from the date the form or endorsement is received by the Insurance Commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or the endorsement prior to that time. This bill would prohibit an ancillary agreement, as defined, to a workers’ compensation insurance policy from being issued by an insurer to a California employer, as defined, unless the insurer files a copy of the ancillary agreement with a rating organization and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time. The prohibition would not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation and meets specified criteria. The bill would authorize an insurer to use such an ancillary agreement and would require an insurer to submit a copy of that ancillary agreement to the commissioner within 30 days of issuing the ancillary agreement. The bill would provide that the terms and conditions of a workers’ compensation policy and any endorsements take precedence over the provisions contained in an ancillary agreement in the case of an inconsistency or conflict between the policy or endorsement and the ancillary agreement. The bill would make additional changes relating to collateral and security agreements, as defined. The changes made by the bill would apply to ancillary agreements issued or renewed on or after January 1, 2017. The bill would also make conforming changes. The changes made by the bill would apply only until January 1, 2022.

An act to amend, repeal, and add Sections 11658 and 11658.5 of the Insurance Code, relating to workers’ compensation insurance.