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

SECTION 1.
Section 3104 of the Elections Code is amended to read:
3104.
Applications for the ballots of military or overseas voters shall be received and, except as provided in
Section 3106,
Sections 3106, 3106.2, and 3106.5,
the ballots shall be received and canvassed, at the same time and under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this chapter.
SEC. 2.
Section 3105 of the Elections Code is amended to read:
3105.
(a)
Any
An
application made pursuant to this chapter that is received by the elections official prior to the 60th day before the election shall be kept and processed on or after the 60th day before the election.
(b) (1) The elections official shall send the ballot not earlier than 60 days but not later than 45 days before the election and shall include with the ballot a list of all candidates who have qualified for the ballot and a list of all measures that are to be submitted to the voters and on which the voter is qualified to vote. The voter shall be entitled to write in the name of any specific candidate seeking nomination or election to any office listed on the ballot.
(2) The military or overseas voter may, in the alternative to the ballot provided pursuant to paragraph (1), use a federal write-in absentee ballot to vote in any election in which the military or overseas voter is qualified to vote.
(c) Notwithstanding Section 15341 or any other
provision of
law, any name written upon a ballot for a particular office pursuant to subdivision (b) shall be counted for the office or nomination, providing the candidate whose name has been written on the ballot has, as of the date of the election, qualified to have his or her name placed on the ballot for the office, or has qualified as a write-in candidate for the office.
(d) Except as provided in
Section 3106,
Sections 3106, 3106.2, and 3106.5,
the elections official shall receive and canvass military or overseas voter ballots described in this section under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this section.
(e) In the event that a military or overseas voter executes a ballot pursuant to this section and an application for a vote by mail ballot pursuant to Section 3102, the elections official shall process the application and the ballot in accordance with this chapter.
(f) Notwithstanding any other
provision of
law, a military or overseas voter who qualifies pursuant to this chapter may, by facsimile transmission, register to vote and apply for a ballot pursuant to this section or a vote by mail ballot. Upon request, the elections official shall send the ballot to the qualified military or overseas voter either by mail, facsimile, or electronic transmission, as requested by the voter.
SEC. 3.
Section 3106.2 is added to the Elections Code, to read:
3106.2.
(a) A military or overseas voter, as described in subdivision (b) of Section 300, may return his or her vote by mail ballot by electronic mail in the manner prescribed in subdivision (b). To be counted, the ballot returned by electronic mail must be received by the voter’s elections official no later than the closing of the polls on election day and must be accompanied by a copy of an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the form described in subdivision (a) of Section 3106.
(b) To submit a ballot by electronic mail, the ballot and accompanying identification envelope and oath of voter declaration must be scanned to create electronic copies of the documents. The electronic copies of the documents shall be included in the electronic mail sent to the elections official as attachments. The Secretary of State shall adopt uniform regulations for the use of electronic mail in returning ballots.
(c) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic mail.
(d) Upon receipt of a ballot returned by electronic mail, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code.
SEC. 4.
Section 3106.5 is added to the Elections Code, to read:
3106.5.
(a) Notwithstanding any other law, a military or overseas voter, as described in subdivision (b) of Section 300, may cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official using the Internet. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day.
(b) The Secretary of State shall adopt uniform regulations for military and overseas voters to cast votes using the Internet.
(c) This section shall become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
Chapter 1.5 (commencing with Section 3050) is added to Division 3 of the
Elections Code
, to read:
1.5.
Electronic Ballot Transmission
3050.
(a)An elections official may send a voter a ballot by secure electronic transmission if the election is conducted wholly within the county.

Summary: Existing law requires that a vote by mail ballot be available to any registered voter and specifies the manner by which the ballot must be returned. Existing law permits a military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a military or overseas voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voter’s eligibility to vote by comparing the voter’s signature from the materials returned by facsimile transmission to the signature on the voter’s affidavit of registration. This bill would permit a military or overseas voter to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. This bill would permit a military or overseas voter to cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day. These provisions would become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet. Because the bill requires elections officials to provide a higher level of service and expands the scope of the crime of perjury, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires that a vote by mail ballot be available to any registered voter. Under existing law, a voter may: (1) return the vote by mail ballot by mail or in person to the elections official from whom it came. (2) return the vote by mail ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3), if unable to return the vote by mail ballot, designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. This bill would authorize an elections official to send a voter a ballot by secure electronic transmission for an election conducted wholly within the county. This bill would also require a voter who receives a ballot in this manner to print the ballot for return to the elections official.

An act to
amend Sections 3104 and 3105 of, and to
add
Chapter 1.5 (commencing with Section 3050) to Division 3 of
Sections 3106.2 and 3106.5 to,
the Elections Code, relating to elections.


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

SECTION 1.
Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  5.9. Plastic Microbeads Nuisance Prevention Law
42360.
The Legislature finds and declares all of the following:
(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.
(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.
(c) Plastic pollution is an environmental and human health hazard and a public nuisance.
(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms.
(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants.
(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate.
(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish.
(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use.
(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment.
(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms.
(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand.
42361.
As used in this chapter, the following terms have the following meanings:
(a) “Person” means an individual, business, or other entity.
(b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.
(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.
(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.
42362.
On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.
42363.
Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight.
42364.
(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.
(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.
(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(F) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
42366.
This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.

Summary: The Safe Drinking Water and Toxic Enforcement Act of 1986 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of plastic microbeads. The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or local officials. The bill would require the civil penalties collected in an action brought pursuant to the act to be retained by the office that brought the action.

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


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

SECTION 1.
Section 48800 of the Education Code is amended to read:
48800.
(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level.
(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board of the school district shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) (1) The governing board of a school district may authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district.
A principal shall consult with a pupil’s teachers in the appropriate subjects before making a recommendation under this subdivision.
(2) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics.
(d) A pupil shall receive credit for each community college course that he or she completes at the level determined appropriate by the governing boards of the school district and community college district.
(e) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria:
(A) Demonstrates adequate preparation in the discipline to be studied.
(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation.
(3) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with this subdivision shall not be waived.
SEC. 2.
Section 48801.5 is added to the Education Code, to read:
48801.5.
(a) (1) (A) The governing board of a community college district may enter into a formal partnership with a school district or school districts located within its immediate service area in order to provide secondary school pupils who have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by the school district, with the opportunity to benefit from a STEM course. A secondary school pupil, upon notification of the principal of the pupil’s school of attendance that the pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district, and with parental consent if the pupil is under 18 years of age, may attend a community college during any session or term as a special part-time or full-time student.
(B) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics.
(2) A participating community college district shall adopt a partnership agreement with each school district partner. The partnership agreement shall be approved by the governing board of the community college district and the governing board of the school district. As a condition
of
of,
and before
adopting
adopting,
a partnership agreement, a community college district and a school
district, at a
district shall do both of the following:
(A) Present the adoption of the partnership agreement as an information item at
regularly scheduled open public
hearing
hearings
of their respective governing
boards, shall
boards.
(B) At regularly scheduled open public hearings of their respective governing boards held subsequent to the hearings referenced in subparagraph (A),
take testimony from the public and approve or disapprove the proposed partnership agreement.
(3) (A) The partnership agreement shall outline the terms of the partnership and may include, but not necessarily be limited to, the scope, nature, and schedule of the STEM courses offered, the academic readiness of pupils that is necessary for them to benefit from the STEM courses offered, and the ability of pupils to benefit from those STEM courses.
The partnership agreement shall certify that its implementation shall not violate any applicable collective bargaining agreement with respect to either the community college district or the school district.
The partnership agreement may establish protocols for information sharing and joint facilities use.
(B) A copy of the partnership agreement shall be filed with the department and with the Office of the Chancellor of the California Community Colleges before the start of a program authorized by this section.
(4) It is the intent of the Legislature, in enacting this section, to provide a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere and to maximize the educational opportunities available to California’s secondary school pupils by encouraging programs and partnerships between school districts and community college districts.
(5) A pupil shall receive credit for community college courses that he or she completes at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2).
(b) (1) A community college district shall not receive a state allowance or apportionment for an instructional activity for which a school district has been, or shall be, paid an allowance or apportionment.
(2) The attendance of a pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. Credit for courses completed shall be at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2) of subdivision (a).
(c) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college he or she attends.
(d) Notwithstanding subdivision (e) of Section 76001, for purposes of this section, the governing board of a community college district may assign an enrollment priority to pupils admitted as special part-time or full-time students under this section. In assigning an enrollment priority, the community college district shall ensure that pupils admitted under this provision do not displace regularly admitted community college students.
(e) Community college districts and school districts that enter into a partnership pursuant to this section shall be exempt from concurrent enrollment provisions pursuant to subdivisions (a) and (b) of, and paragraphs (1) and (2) of subdivision (e) of, Section 48800.
(f) (1) For each partnership entered into pursuant to this section, the affected community college district and school district shall report annually to the Office of the Chancellor of the California Community Colleges all of the following information:
(A) The total number of secondary school pupils enrolled in each program, classified by the school district.
(B) The total number of successful course completions of secondary school pupils enrolled in each program, classified by the school district.
(C) The total number of successful course completions of students in courses equivalent to those courses tracked under subparagraph (B) in the general community college curriculum.
(2) Notwithstanding Section 10231.5 of the Government Code, the annual report required by this subdivision shall be transmitted by the Office of the Chancellor of the California Community Colleges to all of the following:
(A) The Legislature, in accordance with Section 9795 of the Government Code.
(B) The Director of Finance.
(C) The Superintendent.
(D) The governing board of each participating community college district.
(E) The governing board of each participating school district.

Summary: Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to recommendation by the school principal and parental permission. This bill would authorize the governing board of a school district to authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses, as defined to mean courses in science, technology, engineering, or mathematics, offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. The bill also would authorize the governing board of a community college district to enter into a formal partnership with a school district or school districts located within its immediate service area to allow secondary school pupils to attend a community college if those pupils have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. The bill would require the partnership agreement to outline the terms of the partnership, as specified. The bill would require a community college district and a school district, as a condition of , and before adopting , a partnership agreement, to present the adoption of the partnership agreement as an information item at regularly scheduled open meetings of their respective governing boards, and to take testimony from the public and approve or disapprove the proposed partnership agreement at a subsequent regularly scheduled open public hearing hearings of their respective governing boards. The bill would require, for each partnership entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges, which would transmit this annual report to the Legislature, the Director of Finance, the Superintendent of Public Instruction, and the governing boards of the participating school districts and community college districts, as specified. Existing law requires the governing board of a community college district to assign a low enrollment priority to a pupil attending community college pursuant to a recommendation from his or her principal or school district or a petition from his or her parents, in order to ensure that these pupils, admitted as special part-time or full-time students, do not displace regularly admitted students. This bill would authorize the governing board of a community college district to assign an enrollment priority to pupils attending community college pursuant to a partnership agreement established under the bill. The bill would require community college districts, in assigning an enrollment priority under this provision, to ensure that these pupils do not displace regularly admitted community college students. The bill would prohibit a community college district from receiving an allowance or apportionment for an instructional activity for which a school district has been, or will be, paid. This bill would also make various nonsubstantive changes, and delete obsolete provisions.

An act to amend Section 48800 of, and to add Section 48801.5 to, the Education Code, relating to public schools.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) According to data released by the U.S. Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.
(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school.
(3) Research shows that pupils, especially girls, benefit from improved health and academic outcomes when they participate in after school programs.
(4) There is recent evidence suggesting that increasing access to books can even mitigate the effects of poverty on school achievement and literacy development.
(5) According to a recent report by California Attorney General Kamala Harris, poverty and financial instability is the number one cause of truancy in the state.
(6) Participation in a summer youth job program has been proven to increase the high school graduation rate of children in low-income homes.
(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would support school participation and high school attainment among low-income youth.
SEC. 2.
Section 8482.6 of the
Education Code
is amended to read:
8482.6.
Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to charge family fees or conduct individual eligibility determination based on need or income. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family with a child who is identified as a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), or to a family who is part of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code.
SEC. 3.
Section 8483 of the
Education Code
is amended to read:
8483.
(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)Priority for enrollment of pupils in an after school program shall be as follows:
(1)First priority shall go to pupils who are identified as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code.
(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily.
SEC. 4.
Section 8483.1 of the
Education Code
is amended to read:
8483.1.
(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of six hours a week or three days a week to accomplish program goals, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)Priority for enrollment of pupils in a before school program shall be as follows:
(1)First priority shall go to pupils who are identified as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code.
(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily.
SEC. 5.
SEC. 2.
Section 39800.1 is added to the Education Code, to read:
39800.1.
(a) Notwithstanding any other law, a pupil entitled to free or reduced-price meals, as that term is used in Section 42238.01, or who attends a school that participates in the Community Eligibility Option, shall be entitled to free transportation, from the local educational agency, to and from school, if either of the following conditions are met:
(1) The pupil resides more than one-half mile from the school.
(2) The neighborhood through which the pupil must travel to get to school is unsafe because of stray dogs, no sidewalks, known gang activity, or another reason documented by stakeholders pursuant to paragraph (c).
(b) (1) A local educational agency shall designate a liaison that shall be responsible for implementing a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) receive the transportation in a timely manner.
(2) The liaison shall be trained to identify and accommodate the special rights of homeless youth, as defined to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and pupils in a CalWORKs assistance unit, as described in Section 11265.45 of the Welfare and Institutions Code.
(c) (1) The plan required by paragraph (1) of subdivision (b) shall be developed with the consultation of teachers, school administrators, regional local transit authorities, the Air Resources Board, the Department of Transportation, parents, pupils, and other stakeholders.
(2) The plan shall address the ability of pupils in the local educational agency’s jurisdiction to make regular visits to the public library.
(d) If free, dependable, and timely transportation is not available for pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that free transportation be provided using its existing funds.
SEC. 6.
Article 3.7 (commencing with Section 11340) is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code
, to read:
3.7.
Low-Income Youth Benefits
11340.
(a)The department shall, in coordination with the State Department of Education, identify a method and utilize that method to track the high school completion rates of children in an assistance unit. The department shall report to the Legislature no later than July 1, 2016, if a change in statute is required in order to track high school completion rates of children in an assistance unit.
(b)The department shall make publicly available an aggregate report of the high school completion rates tracked by the department pursuant to subdivision (a).
11341.
To incentivize completion of high school or the equivalent for recipients of aid 19 years of age and under, those recipients shall, upon verification that the recipient has obtained a high school diploma or its equivalent, receive a two-hundred-dollar ($200) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid directly to the recipient and shall be disregarded as income in determining the income of the assistance unit and the income of the CalFresh household if the recipient is receiving CalFresh. Cal-Learn participants who are already eligible for a similar incentive under Article 3.5 (commencing with Section 11331) are not eligible for the supplement established in this subdivision.
11342.
To support educational outcomes and physical fitness of children in an assistance unit, a child in an assistance unit shall receive, in advance, a transportation service supplement to the amount of aid paid pursuant to Section 11450, as determined by the department, to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES) established pursuant to Section 8482 of the Education Code.
11343.
To support educational outcomes of children in an assistance unit, the department shall coordinate with county human services agencies and the State Department of Health Care Services to annually inform assistance units of the need to have a child’s vision regularly examined and how to schedule an appointment with an optometrist for children receiving Medi-Cal benefits.
11344.
(a)The department shall, in consultation with county human services agencies, programs created under the federal Workforce Investment and Opportunity Act, State Community Services Block Grant (CSBG) offices, and local CSBG entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this chapter and needy youth, as defined in subdivision (b). The program shall provide paid employment, occupational skills training, and other relevant services. The payment for employment and services provided under this section shall be subject to the same financial participation as payment under subdivision (a) of Section 11450.
(b)For the purposes of this section, “needy youth” mean individuals 18 to 24 years of age, inclusive, whose family income, which may include the youth living alone, is less than 200 percent of the federal poverty level.
(c)All employers and caseworkers involved in this program shall be trained in trauma-informed care and restorative justice practices.
(d)Income earned through the program created pursuant to this section shall be disregarded as income in determining eligibility for, or the amount of, aid under this section.
SEC. 7.
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and until January 1, 2018, the State Department of Social Services may implement Section 6 of this act by all-county letters or similar instructions. Thereafter, the State Department of Social Services shall adopt regulations to implement Section 6 of this act on or before January 1, 2018.
SEC. 8.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 9.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in both after school and before school programs to pupils in middle school or junior high school who attend daily. This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and 3rd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination based on need or income. This bill would prohibit a program that charges family fees from charging a fee to a family with a homeless youth or a family who is part of a CalWORKs assistance unit. Existing Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so. This bill would require a pupil entitled to free or reduced-price meals, or who attends a school that participates in the Community Eligibility Option, to be entitled to free transportation to and from school provided by the local educational agency, if certain conditions are met. The bill would require the local educational agency to designate a liaison to implement a plan, in consultation with specified stakeholders, to ensure that all entitled pupils receive free transportation in a timely manner. By requiring new duties on a local educational agency, the bill would impose a state-mandated local program. Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. This bill would require that a $200 supplement to the amount of cash aid provided under the program be paid to a CalWORKs recipient 19 years of age and under, upon verification that the recipient has obtained a high school diploma or its equivalent. The bill would also, among other things, require the State Department of Social Services, in coordination with the State Department of Education, to identify a method and to use that method to track the high school completion rates of children in an assistance unit, and to make publicly available an aggregate report of these high school completion rates tracked by the department. The bill would require the State Department of Social Services to, in consultation with specified entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this bill and needy youth, as defined, and would require the program to provide paid employment, occupational skills training, and other relevant services. The bill would require a child in an assistance unit to receive, in advance, a transportation service supplement to the amount of cash aid provided under the program to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES). By increasing county administrative duties, the bill would impose a state-mandated local program. The bill would authorize the State Department of Social Services to implement the above provisions by all-county letters or similar instructions until regulations are adopted and would require the department to adopt regulations on or before January 1, 2018. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. The The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to
amend Sections 8482.6, 8483, and 8483.1 of, and to
add Section 39800.1
to,
to
the Education Code,
and to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code,
relating to
low-income youth benefits
pupil services
.


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

SECTION 1.
Section 25200 of the Business and Professions Code is repealed.
SEC. 2.
Section 25200 is added to the Business and Professions Code, to read:
25200.
(a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container. The label shall meet the requirements of federal malt beverage labeling regulations contained in Parts 7 and 16 of Title 27 of the Code of Federal Regulations, regardless of whether the label is subject to approval by the federal Alcohol and Tobacco Tax and Trade Bureau or any successor agency.
(b) (1) In addition to label requirements pursuant to subdivision (a), if not already included, the following information shall appear on the label:
(A) The brand, and class or type, of beer.
(B) The true and correct name and address of the manufacturer of the beer. For purposes of this provision, if multiple beer manufacturers are involved in the production of the beer pursuant to a joint venture or other collaborative arrangement, each of those manufacturers may be identified on the label.
(C) The true and correct name of the bottler of the beer, if other than the manufacturer.
(D) A statement of alcoholic content if the beer contains more than 5.7 percent alcohol by volume.
(2) For purposes of this subdivision, the true and correct name of a manufacturer, bottler, or packager shall be deemed to include a fictitious business name for which the manufacturer, bottler, or packager has duly filed a fictitious business name statement pursuant to Section 17900.
(c) Prior to the first sale of a brand of beer in this state, the manufacturer of that beer shall register the brand with the department. Upon the filing of the registration with the department, the brand may be sold in this state without further action by the department. The registration shall include the following:
(1) The true name and address of the actual manufacturer of the beer.
(2) Any fictitious business name of the manufacturer under which the beer is manufactured.
(3) The class or type of beer and all brand names under which the beer is to be sold in this state.
(4) If manufactured under contract for another beer manufacturer or other person, the true name of such other beer manufacturer or person.
(5) If manufactured pursuant to a joint venture or other collaborative arrangement, the name and address of all manufacturers involved in the joint venture or other collaborative arrangement.
(d) The manufacturer of the beer shall be responsible for compliance with the requirements of this section. In the case of beer manufactured pursuant to a joint venture or other collaborative arrangement, only the actual manufacturer of the beer need comply.
(e) If beer is sold or offered for sale in this state without first complying with the provisions of this section, or violates any other provision of this division, the department may take such action as it deems reasonable and necessary, including, but not limited to, ordering that the beer no longer be sold or offered for sale until such time as the requirements of this section are complied with. Nothing in this section shall be deemed to prohibit the department from permitting beer that is sold or offered for sale in this state that does not comply with the requirements of this section to continue to be sold or offered for sale for a reasonable period of time to allow the manufacturer to meet the requirements of this section.
SEC. 3.
Section 25201 is added to the Business and Professions Code, to read:
25201.
(a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton.
(b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more.
SEC. 4.
Section 25204 of the Business and Professions Code is repealed.
SEC. 5.
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: The Alcoholic Beverage Control Act imposes various requirements relating to the labels and containers of alcoholic beverages sold within the state, including a requirement that every manufacturer or bottler of beer whose beer is sold within the state file with the Department of Alcoholic Beverage Control the brand name or names under which the beer is sold or labeled, as provided. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified. This bill would require a manufacturer, before the first sale of a brand of beer in this state, to register the brand with the department, as specified, and would make the manufacturer responsible for compliance with labeling and registration requirements. The bill, if beer is sold or offered for sale in this state without first complying with these provisions or other provisions of the act, would authorize the department to take action it deems reasonable and necessary including, but not limited to, ordering that the beer not be sold, or allowing it to be sold for a reasonable time, until these requirements are met. This bill, by expanding the scope of an existing crime, 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 add Section 25201 to, to repeal Section 25204 of, and to repeal and add Section 25200 of, the Business and Professions Code, relating to alcoholic beverages.


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

SECTION 1.
Section 16428.25 is added to the Government Code, immediately following Section 16428.2, to read:
16428.25.
(a) The Attorney General or the Public Utilities Commission shall enter into an energy settlement agreement solely on a monetary basis. The energy settlement agreement shall not include any nonmonetary compensation in lieu of monetary compensation.
(b) The section does not apply to a settlement agreement entered into before January 1, 2016.
SEC. 2.
Section 16428.3 of the Government Code is amended to read:
16428.3.
Any energy settlement agreement entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, to the maximum extent possible, shall direct settlement funds to the following purposes in priority order:
(a) To reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties. To the extent the ratepayers of the investor-owned utilities were harmed, the settlement funds shall be directed to reduce their costs, to the maximum extent possible, through reduction of rates or the reduction of ratepayer debt obligations incurred as a result of the energy crisis.
(b) For deposit in the fund.
SEC. 3.
Section 16428.5 of the Government Code is amended to read:
16428.5.
Moneys in the fund shall be expended upon appropriation by the Legislature, for the benefit of ratepayers. Moneys in the fund shall be appropriated for the following purposes:
(a) To reduce rates for customers in the affected service areas of electrical utilities and gas utilities.
(b) To reduce the debt service on bonds issued pursuant to Division 27 (commencing with Section 80000) of the Water Code.
SEC. 4.
Section 453.5 of the Public Utilities Code is amended to read:
453.5.
(a) (1) If the commission orders rate refunds to be distributed, the commission shall require public utilities to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity.
(2) For the purposes of this section, “equitable pro rata basis” means in proportion to the amount originally paid for the utility service involved, or in proportion to the amount of the utility service actually received.
(3) This section shall not prevent the commission from authorizing refunds to residential and other small customers to be based on current usage.
(b) (1) The commission shall not distribute or expend the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis.
(2) Proceeds of any claims recovered by the commission arising out of the energy crisis of 2000–02, after reimbursing the commission’s litigation and investigation expenses, to the maximum extent possible, shall be deposited into the Ratepayer Relief Fund established pursuant to Section 16428.15 of the Government Code and expended, upon appropriation, for purposes set forth in Section 16428.5 of the Government Code.
SEC. 5.
Section 1759 of the Public Utilities Code is amended to read:
1759.
(a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul an order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court.
(b) The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure.
(c) This section does not apply to the following actions, which may be brought in superior court:
(1) An action brought against the commission to enforce the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(2) An action arising from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or to review a determination made under subdivision (c) of Section 6253 of the Government Code.
SEC. 6.
(a) With regard to Section 5 of this act, the Legislature finds and declares all of the following:
(1) On June 3, 2014, California’s Fourth District Court of Appeal, in Disenhouse v. Peevey (2014) 226 Cal.App.4th 1096, held that an interested person desiring to enforce the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) against the Public Utilities Commission must do so by filing a petition for writ of mandamus in the Supreme Court or the court of appeal and may not do so by filing an action for injunctive relief in the superior court.
(2) Also in 2014, the Public Utilities Commission argued in the Superior Court of San Francisco that Section 1759 of the Public Utilities Code prevents the superior court from ordering the commission to provide the City of San Bruno, pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), with emails documenting improper communications between commissioners and utility executives.
(3) The Public Utilities Commission continues to maintain the position that the superior court does not have jurisdiction to hear actions arising out of the California Public Records Act, and has cited the Disenhouse case defending this position.
(4) The intent of the Bagley-Keene Open Meeting Act is that actions of state agencies be taken openly and that their deliberation be conducted openly.
(5) The intent of the California Public Records Act is to protect the fundamental right of every person in this state to access information concerning the conduct of the people’s business.
(6) The people’s right to remain informed so that they may retain control over the instruments of government that they have created is not less of a right for some agencies than for other agencies, nor shall the people’s ability to enforce the Bagley-Keene Open Meeting Act and the California Public Records Act be more hampered for some agencies than for other agencies.
(7) The duties, responsibilities, and actions of the Public Utilities Commission affect the well-being of current and future generations, and the public interest and principles of fundamental fairness and due process of law require that the commission conduct its affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority.
(b) It is the intent of the Legislature that the Public Utilities Commission should be subject to the judicial review provisions of the Bagley-Keene Open Meeting Act and the California Public Records Act.
SEC. 7.
Sections 1, 2, 3, and 4 of this act do not apply to any claims brought by an electrical corporation, as defined in Section 218 of the Public Utilities Code, that arise from the energy crisis of 2000–02.

Summary: Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. When the commission orders rate refunds to be distributed, existing law requires the commission to require the public utility to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. Existing law establishes the Ratepayer Relief Fund in the State Treasury to benefit electricity and natural gas ratepayers and to fund investigation and litigation costs of the state in pursuing allegations of overcharges and unfair business practices against generators, suppliers, or marketers of electricity or natural gas arising from the energy crisis of 2000–02. Existing law requires that any energy settlement agreement, as defined, entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, direct settlement funds to the following purposes in priority order: (1) to reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties. And (2) for deposit in the Ratepayer Relief Fund. Existing law authorizes the moneys deposited in the Ratepayer Relief Fund to be appropriated for certain purposes for the benefit of ratepayers. This bill would require the Attorney General or the Public Utilities Commission to enter into an energy settlement agreement solely on a monetary basis and would prohibit the agreement from including nonmonetary compensation in lieu of monetary compensation. The bill would prohibit the commission from distributing or expending the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis and would require that the proceeds, after reimbursing the commission’s litigation and investigation expenses, be deposited into the Ratepayer Relief Fund. The bill would require the moneys in the fund to be appropriated for those purposes for the benefit of ratepayers. The California Constitution provides that the Legislature has plenary power to establish the manner and scope of review of commission action in a court of record. Existing law provides that only the Supreme Court and the court of appeal have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. This bill would authorize an action to enforce the requirements of the Bagley-Keene Open Meeting Act or the California Public Records Act to be brought against the commission in the superior court.

An act to amend Sections 16428.3 and 16428.5 of, and to add Section 16428.25 to, the Government Code, and to amend Sections 453.5 and 1759 of the Public Utilities Code, relating to public utilities.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) California law grants the superior courts jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act, including the juvenile, probate, and family court divisions of the superior court. These courts are empowered to make the findings necessary for a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law.
(2) Special immigrant juvenile status, under the federal Immigration and Nationality Act, offers interim relief from deportation to undocumented immigrant children under 21 years of age, if a state juvenile court has made specific findings.
(3) The findings necessary for a child to petition for classification as a special immigrant juvenile include, among others, a finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law, and a finding that it is not in the child’s best interest to be returned to his or her country of origin.
(4) Despite recent changes to law that eliminate ambiguity regarding the jurisdiction of superior courts to make the findings necessary to petition for special immigrant juvenile status, misalignment between state and federal law continues to exist.
(5) Federal law allows a person under 21 years of age, who otherwise meets the requirements for special immigrant juvenile status, to file for relief as a special immigrant juvenile. In California, however, individuals who are between 18 and 21 years of age have largely been unable to obtain the findings from the superior court necessary to seek special immigrant juvenile status and the relief that it was intended to afford them, solely because probate courts cannot take jurisdiction of individuals 18 years of age or older by establishing a guardianship of the person. This is true despite the fact that many unaccompanied immigrant youth between 18 and 21 years of age face circumstances identical to those faced by their younger counterparts.
(6) Given the recent influx of unaccompanied immigrant children arriving to the United States, many of whom have been released to family members and other adults in California and have experienced parental abuse, neglect, or abandonment, it is necessary to provide an avenue for these unaccompanied children to petition the probate courts to have a guardian of the person appointed beyond reaching 18 years of age. This is particularly necessary in light of the vulnerability of this class of unaccompanied youth, and their need for a custodial relationship with a responsible adult as they adjust to a new cultural context, language, and education system, and recover from the trauma of abuse, neglect, or abandonment. These custodial arrangements promote permanency and the long-term well-being of immigrant children present in the United States who have experienced abuse, neglect, or abandonment.
(7) Guardianships of the person may be necessary and convenient for these individuals between 18 and 21 years of age, although a youth for whom a guardian has been appointed retains the rights that an adult may have under California law.
(b) It is the intent of the Legislature to give the probate court jurisdiction to appoint a guardian for a person between 18 and 21 years of age in connection with a special immigrant juvenile status petition. It is further the intent of the Legislature to provide an avenue for a person between 18 and 21 years of age to have a guardian of the person appointed beyond 18 years of age in conjunction with a request for the findings necessary to enable the person to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile.
SEC. 2.
Section 1490 of the Probate Code is amended to read:
1490.
Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means the conservator of that adult or the conservator of the person in case of the married minor.
SEC. 3.
Section 1510.1 is added to the Probate Code, to read:
1510.1.
(a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure.
(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age may be filed by a relative or any other person on behalf of the proposed ward, or the proposed ward.
(b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age.
(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent.
(d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after he or she attains 18 years of age.
(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section.
SEC. 4.
Section 1600 of the Probate Code is amended to read:
1600.
(a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age.
(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code.
SEC. 5.
Section 1601 of the Probate Code is amended to read:
1601.
Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward’s best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

Summary: Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court, and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Existing law also requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, as specified. Existing law also establishes the jurisdiction of the probate court. Existing law regulates the establishment and termination of guardianships in probate court, and specifies that a guardian has the care, custody, and control of a ward. Existing law provides that a relative or other person on behalf of a minor, or a minor if he or she is 12 years of age or older, may file a petition for the appointment of a guardian of the person or estate of the minor. Existing law also provides that a guardianship of the person or estate terminates when the ward attains majority or dies, or is adopted or emancipated, as specified. This bill would authorize a court to appoint a guardian of the person of an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status, as specified, if the proposed ward consents. This bill would also authorize a court to extend a guardianship of the person of a ward beyond 18 years of age, as specified, if the ward so requests or consents. The bill would also provide that a guardianship of the person terminates after the ward attains majority unless the ward consents to, or requests the extension of, the guardianship of the person until he or she is 21 years of age, as specified.

An act to amend Sections 1490, 1600, and 1601 of, and to add Section 1510.1 to, the Probate Code, relating to juveniles.


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

SEe state or outside of the state.
(2) Exporters, brokers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred.
(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.
(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:
(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.
(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.
(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.
(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.
(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.
(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.
(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.
(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.
(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.
(i) All records provided in accordance with this section shall be subject to Section 40062.

Summary: The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard. This bill would revise these provisions by, among other things, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified. The bill would make the aggregated information, other than that aggregated by company, public information. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill would specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facility on or after July 1, 2015, that originates within the government entity’s geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account. The California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from those requirements. Existing law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified. This bill would exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under certain California Public Records Act provisions. The bill would also make certain waste disposal records subject to nondisclosure under the trade secrets provisions.

An act to amend Section 41821.5 of, to amend, renumber, and add Section 41821.6 of, and to add Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to solid waste.


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

SECTION 1.
Section 19911 of the Business and Professions Code is amended to read:
19911.
No
(a) A
person under
the age of
21 years
of age
shall
not
be eligible for a work permit and
no
a
permit shall
not
be issued to a person under
the age of 21 years.
21 years of age.
(b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that he or she shall not work as a dealer, floor personnel, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game.
SEC. 2.
Section 19921 of the Business and Professions Code is amended to read:
19921.
(a)
No
A
person under 21 years of age shall
not
be permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following:
(1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining.
(2) Restrooms.
(3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation.
(4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age.
(5) In accordance with subdivision (b) of Section 19911.
(b)
No
A
person under 21 years of age shall
not
be permitted to loiter in a gaming area.
SECTION 1.
Section 17539.1 of the
Business and Professions Code
is amended to read:
17539.1.
(a)The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited:
(1)Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation, and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest, if any, the information required by this section.
(2)Failing to promptly send to each member of the public, upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed.
(3)Misrepresenting in any manner the odds of winning any prize.
(4)Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest.
(5)Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following:
(A)The maximum number of puzzles or games that may be necessary to complete the contest and determine winners.
(B)The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered.
(C)That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle.
(D)The date or dates on or before which the contest will terminate and upon which all prizes will be awarded.
(E)The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed.
(F)All rules, regulations, terms, and conditions of the contest.
(6)Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered.
(7)Failing to award and distribute all prizes of the value and type represented.
(8)Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact.
(9)Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value.
(10)Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof.
(11)Using the word “lucky” to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have.
(12)Using or offering for use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. For the purposes of this paragraph, “business establishment” means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of places of ongoing gambling or gaming.
(13)Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person.
(14)Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN—NONNEGOTIABLE.
(15)Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type of prize or prizes unless:
(A)It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and
(B)Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants’ opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants’ opportunity to indicate they wish to play for an extra prize.
(b)For the purposes of this section, “sweepstakes” means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code.
(c)This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1.
(d)Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal Code.
(e)Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games, technologies, software, and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.

Summary: The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law prohibits a person under 21 years of age from being eligible for a work permit in a gambling establishment. Existing law also prohibits a person under 21 years of age from entering the premises of a licensed gambling establishment, except as provided. This bill would permit a person between 18 and 21 years of age to work in a gambling establishment in a classification that entails providing services on and off the gaming floor that are not involved in play of any controlled game, as specified. Existing law generally regulates false advertising and specifically prohibits certain unfair acts or practices undertaken by, or omissions of, a person in the operation of a contest, including misrepresenting the odds of winning a prize or failing to award and distribute all prizes. Existing law specifies that these provisions do not render unlawful or restrict otherwise lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. This bill would expand that exemption to include lawful technologies and software used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.

An act to amend
Section 17539.1
Sections 19911 and 19921
of the Business and Professions Code, relating to
sweepstakes.
gaming.