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

SECTION 1.
Section 2655 of the Unemployment Insurance Code is amended to read:
2655.
(a) Except as provided in subdivisions (b), (c), (d), (e), and (f), an individual’s “weekly benefit amount” shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of his or her disability base period in which wages were the highest.
A
Amount of wages in
highest quarter
B
Weekly benefit
amount
$75–1,149.99 ........................
$50
1,150–1,174.99 ........................
51
1,175–1,199.99 ........................
52
1,200–1,224.99 ........................
53
1,225–1,249.99 ........................
54
1,250–1,274.99 ........................
55
1,275–1,299.99 ........................
56
1,300–1,324.99 ........................
57
1,325–1,349.99 ........................
58
1,350–1,374.99 ........................
59
1,375–1,399.99 ........................
60
1,400–1,424.99 ........................
61
1,425–1,449.99 ........................
62
1,450–1,474.99 ........................
63
1,475–1,499.99 ........................
64
1,500–1,524.99 ........................
65
1,525–1,549.99 ........................
66
1,550–1,574.99 ........................
67
1,575–1,599.99 ........................
68
1,600–1,624.99 ........................
69
1,625–1,649.99 ........................
70
1,650–1,674.99 ........................
71
1,675–1,699.99 ........................
72
1,700–1,724.99 ........................
73
1,725–1,749.20 ........................
74
(b) For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers’ compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(c) For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d) (1) For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount.
(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(e) For periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individual’s “weekly benefit amount” shall be as follows:
(1) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50).
(2) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(3) Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(4) An individual’s “weekly benefit amount” shall not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(f) (1) For periods of disability commencing on or after January 1, 2022, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(g) For purposes of this section:
(1) “State average quarterly wage” means the state average weekly wage multiplied by 13.
(2) “State average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred.
SEC. 2.
Section 2655.1 is added to the Unemployment Insurance Code, to read:
2655.1.
(a) By March 1, 2021, the department shall prepare and submit to the Legislature, including the legislative committees described in subdivision (c), a report that includes data on levels and trends between January 1, 2017, and the latest date for which data is available in 2020, in the following:
(1) Utilization of paid family leave and disability insurance by income level, including, but not limited to, utilization of paid family leave by low-wage workers.
(2) Benefit costs.
(3) Supplemental disability insurance contribution rates.
(b) The report described in subdivision (a) shall also include projections of utilization and costs for three subsequent years beginning January 1, 2022, with the assumption that the wage replacement rates that are in effect on January 1, 2018, remain in effect.
(c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code and shall be submitted to the Assembly Committee on Insurance, the Senate Committee on Labor and Industrial Relations, the Assembly and Senate Committees on Appropriations, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review.
(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.
SEC. 3.
Section 3303 of the Unemployment Insurance Code is amended to read:
3303.
(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds all of the following:
(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2) The individual has been unable to perform his or her regular or customary work for a seven-day waiting period during each disability benefit period, with respect to which waiting period no family temporary disability insurance benefits are payable.
(3) The individual has filed a certificate, as required by Sections 2708 and 2709.
(b) This section shall become inoperative and shall be repealed on January 1, 2018.
SEC. 4.
Section 3303 is added to the Unemployment Insurance Code, to read:
3303.
(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds both of the following:
(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2) The individual has filed a certificate, as required by Sections 2708 and 2709.
(b) This section shall become operative on January 1, 2018.
SEC. 5.
(a) By July 1, 2017, the Employment Development Department shall report to the Assembly Committee on Insurance and the Senate Committee on Labor and Industrial Relations the projected costs and potential benefits associated with options to reduce, eliminate, or otherwise modify the waiting period for disability insurance benefits.
(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.

Summary: Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. For an individual who has quarterly base wages of greater than $1,749.20, the weekly benefit is calculated by multiplying base wages by 55 and dividing the result by 13. For a benefit that is not a multiple of $1, existing law provides that the benefit shall be computed to the next higher multiple of $1. However, existing law provides that this amount may not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount. Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for specified persons, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. Existing law defines “weekly benefit amount” for purposes of this program to mean the amount of benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law. This bill would revise the formula for determining benefits available pursuant to unemployment compensation disability law and for the family temporary disability insurance program, for periods of disability commencing after January 1, 2018, but before January 1, 2022, to provide a weekly benefit amount minimum of $50 and increase the wage replacement rate to specified percentages, but not to exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to existing law. Existing law deems an individual to be eligible for family temporary disability benefits if, among other things, the individual is unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period. and prohibits payments for benefits during this waiting period. This bill, on and after January 1, 2018, also would remove the 7-day waiting period for these benefits. This bill, by authorizing an increase in the expenditure of money from the Unemployment Compensation Disability Fund, would make an appropriation. This bill would require, by July 1, 2017, the Employment Development Department to report to the Assembly Committee on Insurance and Senate Committee on Labor and Industrial Relations specified information regarding the waiting period for disability benefits. The bill also would require, by March 1, 2021, the department to prepare a report to the Legislature and specified legislative committees on levels and trends regarding utilization, costs, and rates with respect to family leave and disability insurance.

An act to amend Section 2655 of, to amend, repeal, and add Section 3303 of, and to add and repeal Section 2655.1 of, the Unemployment Insurance Code, relating to disability compensation, and making an appropriation therefor.


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

SECTION 1.
It is the intent of the Legislature in enacting this act to do the following:
(a)Authorize Saddleback Memorial Medical Center, San Clemente, to operate a stand-alone emergency room for purposes of stabilizing patients prior to transfer to any other hospital in the region.
(b)Provide transparency with regard to hospital closures.
SEC. 2.
Section 1255.23 is added to the
Health and Safety Code
,
immediately following Section 1255.2
, to read:
1255.23.
(a)In addition to the requirements set forth in Sections 1255.1 and 1255.2, a general acute care hospital that provides emergency medical services pursuant to Section 1255, and that is scheduled for closure, shall conduct a public hearing for public review and comment during the 90-day period established pursuant to subdivision (a) of Section 1255.1.
(b)A hospital that conducts a public hearing pursuant to subdivision (a) shall conduct the hearing pursuant to the procedural requirements that are established pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
SEC. 3.
Notwithstanding any other law, Saddleback Memorial Medical Center, San Clemente, may continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services.
SECTION 1.
Section 1255.23 is added to the Health and Safety Code, immediately following Section 1255.2, to read:
1255.23.
(a) Notwithstanding any other law, Saddleback Memorial Medical Center may operate an emergency department at its San Clemente campus, subject to the following requirements:
(1) The emergency department shall operate under the consolidated license of Saddleback Memorial Medical Center and meet all of the requirements imposed under that license, including being within 15 miles of its parent hospital.
(2) The emergency department shall be a conversion from a previously existing acute care campus and may not be a newly developed freestanding emergency department.
(3) The emergency department shall be open 24 hours a day, 365 days a year.
(4) The emergency department shall be staffed by at least one board-certified emergency physician at all times.
(5) The emergency department shall be staffed with properly trained emergency room nurses and meet the minimum staffing requirements for emergency departments in this state.
(6) The emergency department shall have a complete range of laboratory and diagnostic radiology services, including a complete array of laboratory test, basic X-ray, computerized tomography (CT) scan, and ultrasound capabilities.
(7) The emergency department shall meet the specialty call requirements, as defined by the Orange County Emergency Medical Services Agency, under its consolidated license.
(8) The emergency department shall have transfer agreements with specialty centers, such as trauma, burn, and pediatric centers, to meet the needs of the injury or patient population served in the community.
(9) The emergency department shall have the capabilities to stabilize patients with emergency medical conditions and to transport them to its parent hospital or other higher level of care facilities in a safe and timely manner, consistent with the standards of care in the local communities.
(10) The emergency department shall have a fully functioning transport program with a proven track record of safely transporting patients who require admission to its parent hospital or other higher level of care and specialty services facilities, such as trauma, burn, and pediatric facilities.
(11) All applicable federal and state regulatory requirements shall be met under the consolidated license of Saddleback Memorial Medical Center, including all applicable regulations of the Centers for Medicare and Medicaid Services and Title 22 of the California Code of Regulations.
(b) Nothing in this section shall be construed to require Saddleback Memorial Medical Center to provide for concomitant acute care services at the San Clemente campus or to seek additional licensure for operation of the emergency department that is authorized pursuant to this section.
SEC. 4.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano.
SEC. 5.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano at the earliest point in time,
and to provide transparency with regard to hospital closures,
it is necessary that this act take effect immediately.

Summary: Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law requires a hospital that provides emergency medical services to provide notice of the planned reduction or elimination of those services to certain entities and the public, as specified. Existing law requires a health facility that implements a downgrade or change in services to make a reasonable effort to inform the community that it serves of the downgrade or change, as specified. Existing law authorizes the department to exempt a hospital from those disclosure requirements upon specified circumstances. This bill would require a general acute care hospital that provides emergency medical services that is scheduled for closure to conduct public hearings for public review and comment, as specified. The bill would also authorize Saddleback Memorial Medical Center, San Clemente, to continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services. This bill would authorize Saddleback Memorial Medical Center to operate an emergency department at its San Clemente campus, subject to specified requirements. This bill would make legislative findings and declarations as to the necessity of a special statute for the communities of San Clemente, Dana Point, and San Juan Capistrano. This bill would declare that it is to take effect immediately as an urgency statute.

An act to add Section 1255.23 to the Health and Safety Code, relating to hospitals, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
The heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of the Education Code is amended to read:
CHAPTER  16. Public Disclosure of
Non-Voter-Approved
Debt
SEC. 2.
Section 17150 of the Education Code is amended to read:
17150.
(a) Upon the approval by the governing board of the school district to proceed with the issuance of
revenue
bonds or to enter into an agreement for financing school construction pursuant to Chapter 18 (commencing with Section 17170), the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide the repayment schedules for that debt obligation and evidence of the ability of the school district to repay that obligation to the county auditor, the county
superintendent,
superintendent of schools,
the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation.
(b) Upon the approval by the county board of education to proceed with the issuance of
revenue
bonds or to enter into an agreement for financing pursuant to Chapter 18 (commencing with Section 17170), the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide the repayment schedules for that debt obligation and evidence of the ability of the county office of education or school district to repay that obligation, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation.
(c)
Prior to
Before
delivery of the notice required by subdivision (a) neither the county nor its officers shall have responsibility for the administration of the indebtedness of the school district. Failure to comply with the requirements of this section will not affect the validity of the indebtedness.
SEC. 3.
Section 17150.1 of the Education Code is amended to read:
17150.1.
(a) No later than 30 days before the approval by the governing board of the school district to proceed with the issuance of
bonds,
certificates of participation
,
and other debt instruments that are secured by real
property and do not require approval of the voters of the school district,
property,
the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, evidence of the ability of the school district to repay that obligation, and the issuance costs, to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation.
(b) No later than 30 days before the approval by the county board of education to proceed with the issuance of certificates of participation and other debt instruments that are secured by real
property and do not require approval of the voters of the county,
property,
the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, the evidence of the ability of the county office of education or school district to repay that obligation, and issuance costs, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires a school district to notify the county superintendent of schools and the county auditor when the governing board of the school district approves proceeding with the issuance of certificates of participation or revenue bonds or entering into specified agreements for financing school construction pursuant to the California School Finance Authority Act. The superintendent of the school district is required to provide specified information to the county auditor, the county superintendent of schools, the governing board, and the public regarding that debt. Existing law requires the county superintendent of schools or superintendent of a school district for which the county board serves as governing board to notify the Superintendent of Public Instruction when the county board of education approves proceeding with the issuance of certificates of participation or revenue bonds or to entering into an agreement for financing pursuant to the California School Finance Authority Act. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board is required to provide specified information to the Superintendent of Public Instruction, the governing board, and the public. This bill would delete the language specifying that the scope of these provisions is limited to revenue bonds, and instead refer to bonds generally. The bill would also require that, no later than 30 days before the approval by the governing board of the school district to proceed with the issuance of bonds, the school district notify the county superintendent of schools and the county auditor. The bill would delete the language limiting the requirement of this notice to instruments that do not require approval of the voters of the school district or county. To the extent that this bill would expand the requirements for the provision of notices by specified county officials, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 17150 and 17150.1 of, and to amend the heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of, the Education Code, relating to local educational agencies.


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

SECTION 1.
Section 67381 of the Education Code is amended to read:
67381.
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.
(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.
(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.
(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.
(i) As used in this section, the following terms have the following meanings:
(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code.
(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.
(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code.
(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.
(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.
SEC. 2.
Section 67381.1 is added to the Education Code, to read:
67381.1.
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.
(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies.
(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.
(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.
(i) As used in this section, the following terms have the following meanings:
(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.
(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.
(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.
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 Kristin Smart Campus Safety Act of 1998 requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, as defined, to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to certain violent crimes. These agreements are required to designate the law enforcement agency that will have operational responsibility for the investigation of these crimes. Existing law provides that these provisions do not apply to the University of California except to the extent that the regents, by appropriate resolution, make the provisions applicable. This bill would, for the Trustees of the California State University, the governing boards of independent postsecondary institutions, and, subject to appropriate resolution, the Regents of the University of California, require these written agreements to designate the law enforcement agency that will have operational responsibility for the investigation of each sexual assault and hate crime, as defined, and require these written agreements to be reviewed, updated if necessary, and made available to the public by July 1, 2016, and every 5 years thereafter. Upon the governing board of a community college district adopting a rule requiring its campuses to update these agreements, the bill would subject the community college district and its campuses to the requirements imposed on other postsecondary institutions by the bill. The bill would encourage the governing board of each community college district to adopt a rule requiring its respective campuses to update these agreements. By expanding the duties of community college districts and local law enforcement agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 Section 67381 of, and to add Section 67381.1 to, the Education Code, relating to student safety.


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

SECTION 1.
Section 149.11 is added to the Streets and Highways Code, to read:
149.11.
(a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Commission, created pursuant to Section 130054 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Commission may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Commission may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program.
(2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Commission shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program.
(3) The San Bernardino County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino, and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Commission, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4):
(A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment.
(B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges.
(C) Repair, rehabilitation, and reconstruction.
(D) Indebtedness incurred and internal loans and advances, including related financial costs.
(E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities.
(F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive.
(4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Commission and may include, but need not be limited to, the following eligible expenditures:
(A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164.
(B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section.
(5) To the extent the San Bernardino County Transportation Commission plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Commission and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Commission connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity.
(b) (1) The San Bernardino County Transportation Commission shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction.
(2) The San Bernardino County Transportation Commission shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Commission and the department and between the San Bernardino County Transportation Commission and the Department of the California Highway Patrol.
(c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Commission for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d) (1) The San Bernardino County Transportation Commission may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants.
(2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1).
(3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Commission.
(4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:
“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.”
(5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Commission adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following:
(A) The purposes for which the proposed debt is to be incurred.
(B) The estimated cost of accomplishing those purposes.
(C) The amount of the principal of the indebtedness.
(D) The maximum term of the bonds and the maximum interest rate.
(E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(F) The form of the bonds.
(e) Not later than three years after the San Bernardino County Transportation Commission first collects revenues from the program authorized by this section, the San Bernardino County Transportation Commission shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities.
(f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Commission shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements.
(g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable.
(h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane.
SEC. 2.
This act shall become operative only if Assembly Bill 194 of the 2015–16 Regular Session is also enacted and becomes operative on or before January 1, 2016.

Summary: Existing law provides for the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles (HOVs). Existing law authorizes the development and implementation of a value-pricing program consisting of high-occupancy toll (HOT) lanes in various corridors under certain circumstances, pursuant to which vehicles that do not meet the vehicle occupancy requirements for use of an HOV lane may use the lane upon payment of a toll. This bill would authorize the San Bernardino County Transportation Commission to conduct, administer, and operate a value-pricing program, that may include HOT lanes or other toll facilities in the Interstate Highway Routes 10 and 15 in the County of San Bernardino and, with the agreement of affected transportation agencies, specified extensions and connections into the Counties of Los Angeles and Riverside. The bill would require the toll revenues to be spent for specified transportation purposes and would authorize the commission to issue revenue bonds payable from toll revenues. The bill would require the commission to report to the Legislative Analyst on specified matters within 3 years of commencement of revenue collection from the value-pricing program. The bill would enact other related provisions. This bill would become operative only if AB 194 is also enacted and becomes operative on or before January 1, 2016.

An act to add Section 149.11 to the Streets and Highways Code, relating to transportation.


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

SECTION 1.
Section 44984 of the Education Code is amended to read:
44984.
(a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.
(b) The rules or regulations shall include the following provisions:
(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident.
(2) Allowable leave shall not be accumulated from year to year.
(3) Industrial accident or illness leave shall commence on the first day of absence.
(4) (A)  When a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary.
(B) The phrase “full salary” as utilized in this subdivision shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.
(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.
(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978 and 44983, and for the purposes of each of these sections, the employee’s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary.
(d) The governing board of a district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate.
(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of the employee’s industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.
(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of this leave.
SEC. 2.
Section 45192 of the Education Code is amended to read:
45192.
(a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.
(b) The rules and regulations shall include the following provisions:
(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident.
(2) Allowable leave shall not be accumulative from year to year.
(3) Industrial accident or illness leave will commence on the first day of absence.
(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day.
(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation.
(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.
(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used; but if an employee is receiving workers’ compensation the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave that, when added to the workers’ compensation award, provide for a full day’s wage or salary.
(d) The governing board of a district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave.
(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations.
(h) The governing board of a district may require that an employee serve or have served continuously a specified period of time with the district before the benefits provided by this section are made available to the employee provided that this period shall not exceed three years and that all service of the employee prior to the effective date of this section shall be credited in determining compliance with the requirement.
(i) In the absence of rules and regulations adopted by the governing board of a district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service.
(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
(k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).
SEC. 3.
Section 87787 of the Education Code is amended to read:
87787.
(a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the district becomes effective.
(b) The rules or regulations shall include all of the following provisions:
(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident.
(2) Allowable leave shall not be accumulated from year to year.
(3) Industrial accident or illness leave shall commence on the first day of absence.
(4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary.
(B) The phrase “full salary,” as utilized in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.
(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.
(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781 and 87786, and, for the purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary.
(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate.
(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.
(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave.
SEC. 4.
Section 88192 of the Education Code is amended to read:
88192.
(a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.
(b) The rules and regulations shall include all of the following provisions:
(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident.
(2) Allowable leave shall not be accumulative from year to year.
(3) Industrial accident or illness leave of absence will commence on the first day of absence.
(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day.
(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation.
(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.
(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used; but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of the his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers’ compensation award, provide for a full day’s wage or salary.
(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to the his or her position without suffering any loss of status or benefits.
(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations.
(h) The governing board of a district may require that an employee serve, or have served continuously, a specified period of time with the district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee prior to the effective date of this section shall be credited in determining compliance with the requirement.
(i) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service.
(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

Summary: Existing law requires the governing board of a school district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service and for all certificated employees. Existing law requires the governing board of a community college district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are part of the classified service and for all academic employees. Existing law requires an employee receiving benefits pursuant to these provisions to remain within California during periods of injury or illness, unless the governing board authorizes travel outside the state. This bill would remove the travel restriction on an employee receiving these benefits.

An act to amend Sections 44984, 45192, 87787, and 88192 of the Education Code, relating to public education employees.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The President’s New Freedom Commission on Mental Health (2003) reported that the use of behavioral restraint and seclusion poses significant risks for adults and children, including serious injury or death, retraumatizing people with a history of trauma or abuse, the loss of dignity, and other psychological harm.
(b) Although California currently requires the tracking and public reporting of the use of seclusion and restraint in state developmental centers and collects data regarding the use of restraint through the department’s special incident reporting system, the data concerning the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals serving individuals with developmental disabilities is not publicly reported.
(c) One of the best methods to achieve the goal of a reduction in the use of restraint is to ensure consistent data collection and analysis and public access to this data.
(d) It is the intent of the Legislature in enacting this act to ensure that data regarding the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals is publicly available as a means of ensuring quality services to individuals with developmental disabilities and a reduction in the use of restraint.
SEC. 2.
Section 4436.5 is added to the Welfare and Institutions Code, to read:
4436.5.
(a) For the purposes of this section, the following definitions apply:
(1) “Physical restraint” means any behavioral or mechanical restraint as defined in Section 1180.1 of the Health and Safety Code.
(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions.
(3) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations.
(4) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor.
(5) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648.
(b) The department shall ensure the consistent, timely, and public reporting of data it receives from regional centers pursuant to Section 54327 of Title 17 of the California Code of Regulations regarding the use of physical restraint, chemical restraint, or both, by all regional center vendors who provide residential services or supported living services pursuant to Section 4689, and by long-term health care facilities and acute psychiatric hospitals serving individuals with developmental disabilities.
(c) The department shall publish quarterly on its Internet Web site the following data, segregated by individual regional center vendor that provides residential services or supported living services and each individual long-term health care facility and acute psychiatric hospital that serves persons with developmental disabilities:
(1) The number of incidents of physical restraint.
(2) The number of incidents of chemical restraint.
SEC. 3.
Section 4659.2 is added to the Welfare and Institutions Code, to read:
4659.2.
(a) For the purposes of this section, the following definitions apply:
(1) “Physical restraint” means any behavioral or mechanical restraint, as defined in Section 1180.1 of the Health and Safety Code.
(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions.
(3) “Seclusion” means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code.
(4) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations.
(5) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor.
(6) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648.
(b) All regional center vendors that provide residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof, to the agency designated pursuant to subdivision (i) of Section 4900 no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.

Summary: Existing law requires the Secretary of California Health and Human Services to develop technical assistance and training programs to support the efforts of community care facilities, group homes, skilled nursing facilities, intermediate care facilities, and mental health rehabilitation centers, among others, to reduce or eliminate the use of seclusion and behavioral restraints in these facilities. Existing law requires specified entities within the California Health and Human Services Agency to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in state hospitals operated by the State Department of State Hospitals, facilities operated by the State Department of Developmental Services, and other specified facilities that utilize seclusion or behavioral restraints. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires all vendors and long-term health care facilities, as defined, to report special incidents to a regional center, including, among other things, incidents of physical and chemical restraint. Existing law requires a regional center that receives information from a special incident report regarding the use of physical or chemical restraint, to report that information to the department, as specified. This bill would require the department to ensure the consistent, timely, and public reporting of data it receives from regional centers and other specified facilities regarding the use of physical or chemical restraint and to publish that information on its Internet Web site. This bill would also require regional center vendors that provide residential services or supported living services, long-term health care facilities, as defined, and acute psychiatric hospitals, as defined, to report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, as specified. This bill would make related findings and declarations.

An act to add Sections 4436.5 and 4659.2 to the Welfare and Institutions Code, relating to seclusion and restraint.