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

SECTION 1.
Section 166 of the Penal Code is amended to read:
166.
(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order or process of a court.
(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question.
(7) The publication of a false or grossly inaccurate report of the proceedings of a court.
(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code.
(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial.
(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.
(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(F) An order issued pursuant to subdivision (j) of Section 273.5.
(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.
(B) An order excluding one party from the family dwelling or from the dwelling of the other.
(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).
(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.
(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted.
(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction under that provision, existing law authorizes the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. This bill would make a willful and knowing violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of this protective order, the bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, 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 no reimbursement is required by this act for a specified reason.

An act to amend Section 166 of the Penal Code, relating to domestic violence.


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

SECTION 1.
Section 6356.11 is added to the Revenue and Taxation Code, to read:
6356.11.
(a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage and use of, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the two-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the two-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day who, at the time of the purchase, provides the retailer with a copy of his or her valid annual hunting license or lifetime license issued pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, or a lifetime sportman’s license issued pursuant to Section 714 of, the Fish and Game Code.
(b) For the purposes of this section, the following shall apply:
(1) “Firearms” mean shotguns, rifles, pistols, revolvers, or other handguns that may be legally sold or purchased in California.
(2) “Ammunition” means that ammunition designed and intended to be fired from a firearm.
(3) “Hunting supplies” means only those supplies used for and designed and intended for hunting, which include all of the following:
(A) Archery items such as bows, crossbows, arrows, quivers, and shafts.
(B) Off-road vehicles including all-terrain vehicles designed and intended primarily for hunting. Off-road vehicles do not include golf carts, go-carts, dirt bikes, mini-bikes, motorcycles, tractors, or motor vehicles that may be legally driven on the streets and highways of California, or heavy equipment such as cranes, forklifts, backhoes, and bulldozers.
(C) Vessels designed and intended for hunting such as airboats and pirogues.
(D) Accessories designed and intended for hunting.
(E) Animal feed manufactured and marketed for consumption primarily by game that can be legally hunted. Animal feed does not include food for animals that are pets.
(F) Apparel including safety gear, camouflage clothing, jackets, hats, gloves, mittens, face masks, and thermal underwear manufactured and marketed as being primarily for wear or use while hunting.
(G) Hunting shoes or boots designed and intended for hunting.
(H) Bags designed and intended to carry game or hunting gear.
(I) Float tubes if purchased to be used for hunting.
(J) Binoculars if purchased to be used for hunting.
(K) Tools manufactured and marketed as primarily for use in hunting.
(L) Firearm and archery cases.
(M) Firearm and archery accessories.
(N) Range finders.
(O) Knives manufactured and marketed as primarily for use in hunting, which does not include knives purchased for household, business, or other recreational uses.
(P) Decoys.
(Q) Tree stands.
(R) Blinds.
(S) Chairs to be used for hunting, which does not include chairs or other furniture purchased for household, business, or other recreational uses.
(T) Optics such as rifle scopes and impact resistant glasses for shooting.
(U) Hearing protection gear and enhancements.
(V) Holsters.
(W) Belts that are manufactured and marketed as primarily for use in hunting.
(X) Slings.
(Y) Other miscellaneous gear manufactured and marketed as primarily for use in hunting, which does not include toy guns and vessels and off-road vehicles utilized as children’s toys.
(c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section does not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, Section 35 and subdivision (f) of Section 36 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15.
SEC. 2.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
SECTION 1.
Section 2070 of the
Insurance Code
is amended to read:
2070.
(a)All fire policies on subject matter in California shall be on the standard form and, except as provided by this article, shall not contain additions to the form.
(b)No part of the standard form shall be omitted from the policy. However, a policy providing coverage against the peril of fire only, or in combination with coverage against other perils, need not comply with the provisions of the standard form of fire insurance policy or Section 2080, if the coverage with respect to the peril of fire, when viewed in its entirety, is substantially equivalent to, or more favorable to the insured than, that contained in the standard form fire insurance policy.

Summary: Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms generally to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the 2-day period beginning at 12:01 a. m. on the first Saturday in September and ending at midnight the next day and the 2-day period beginning at 12:01 a. m. on the first Saturday in October and ending at midnight the next day, as provided. The bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes, and specified state sales and use taxes the proceeds of which are deposited into the Local Revenue Fund, the Local Revenue Fund 2011, the Local Public Safety Fund, and the Education Protection Account. This bill would take effect immediately as a tax levy. Existing law establishes a standard form for fire insurance policies in this state. Existing law requires that all fire insurance policies in California be on the standard form, with no additions to that form, except as provided. Existing law prohibits any part of the standard form from being omitted from the policy, except as specified. This bill would make technical, nonsubstantive changes to that provision.

An act to amend Section 2070 of the Insurance Code, relating to insurance.
An act to add Section 6356.11 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Scattered along the California coastline are the remnants of many old, human-made structures including abandoned oil and gas wells, groins, jetties, piers, pilings, and seawalls.
(b) These remnants, often covered and uncovered by tides, are the legacy of the rapid commercial development along the coastline that began just before the turn of the 20th century.
(c) Most legacy oil and gas wells were abandoned in the early 1900s when there was little or no oversight of the abandonment and removal, if any, varied from well to well. Some legacy oil and gas wells, therefore, may seep oil into the surf zone impacting swimmers, surfers, and other recreational users, and causing environmental degradation.
(d) The State Lands Commission has primary jurisdiction over sovereign lands along the California coastline that are held in trust for statewide public purposes, including, commerce, navigation, fishing, recreation, and open space and habitat preservation.
(e) The State Lands Commission has long recognized the serious and perennial health concerns and safety hazards that coastal hazards and legacy oil and gas wells pose.
(f) There is a critical need for adequate funding to inventory coastal hazards, including legacy oil and gas wells and related infrastructure, along the California coastline in order to begin determining how to remove coastal hazards and to identify and remediate leaking legacy oil and gas wells.
(g) With adequate funding, the State Lands Commission can inventory coastal hazards, legacy oil and gas wells and other oil and gas related hazards along the California coastline, including determining GPS locations, assessing entitlement requirements, preparing preliminary engineering requirements and removal cost estimates for each hazard, and removing and remediating hazards that are a significant risk to public health and safety and the environment. Adequate funding will also enable the State Lands Commission to survey and monitor oil seepage in state waters under its jurisdiction and on tidelands, and to request studies to determine oil seepage locations, rates, environmental impacts, and mitigation measures.
SEC. 2.
Section 6212 is added to the Public Resources Code, to read:
6212.
(a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard removal and remediation program to do all of the following:
(1) Complete an in-depth inventory of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting field surveys and determining high-priority hazards and legacy oil and gas wells to remediate.
(2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts. The study information can facilitate possible mitigation measures.
(3) Begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and, with any remaining funds, remove other identified coastal hazards.
(b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken pursuant to subdivision (a).
(c) In cooperation with the Division of Oil, Gas, and Geothermal Resources, the commission may seek to abandon legacy oil and gas wells that present a hazard to the public health and safety and the environment.
(d) The commission shall annually report to the Legislature the activities and accomplishments of the program. The commission may include this information in the annual report it submits pursuant to Section 8618.
(e) The commission shall prioritize its activities under this section based on available resources.
(f) For purposes of this section the following definitions apply:
(1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to the public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures.
(2) “Legacy oil and gas wells” are wells drilled near shore, before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or the public health and safety.
SEC. 3.
Section 6217 of the Public Resources Code is amended to read:
6217.
With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes:
(a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose.
(b) Payment of expenditures of the commission as provided in the annual Budget Act.
(c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose.
(d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose.
(e) (1) For the 2017–18 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212.
(2) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212 to five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212.

Summary: Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. This bill would, upon appropriation of moneys by the Legislature, require the commission to, within 2 years, administer a coastal hazard removal and remediation program, as specified. The bill would authorize the commission to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken to administer that program. The bill would authorize the commission to seek to abandon, in cooperation with the Division of Oil, Gas, and Geothermal Resources, legacy oil and gas wells, as defined, that present a hazard to the public health and safety and the environment. The bill would require the commission to annually report to the Legislature the activities and accomplishments of the program. Existing law, with specified exceptions, generally requires the State Lands Commission, on and after July 1, 2006, to deposit all revenue, money, and remittances, derived from mineral extraction leases on state tide and submerged lands, including tideland oil revenue, into the General Fund, to be available upon appropriation by the Legislature for specified purposes. Existing law establishes the Land Bank Fund, a continuously appropriated fund, from which the commission may expend moneys for management and improvement of real property held by the commission, as trustee, to provide open space, habitat for plants and animals, and public access. This bill would require that, for the 2017–18 fiscal year, out of those funds deposited into the General Fund by the commission, the sum of $500,000 be transferred to the Land Bank Fund and be available, upon appropriation in the annual Budget Act, for the purpose of implementing the coastal hazard removal and remediation program. The bill would require that, commencing with the 2018–19 fiscal year and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the program to $500,000 be transferred to that fund and be available, upon an appropriation in the annual Budget Act, for the purpose of implementing the program.

An act to amend Section 6217 of, and to add Section 6212 to, the Public Resources Code, relating to state lands.


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

SECTION 1.
Section 17144.5 of the Revenue and Taxation Code is amended to read:
17144.5.
(a) Section 108(a)(1)(E) of the Internal Revenue Code, is modified to provide that the amount excluded from gross income shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return).
(b) Section 108(h)(2) of the Internal Revenue Code, relating to qualified principal residence indebtedness, is modified by substituting the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$800,000 ($400,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” for the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$2,000,000 ($1,000,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” contained therein.
(c) This section shall apply to discharges of indebtedness occurring on or after January 1, 2007, and, notwithstanding any other law to the contrary, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2007, 2009, or 2013 taxable year regardless of whether or not the taxpayer reports the discharge on his or her return for the 2007, 2009, or 2013 taxable year.
(d) (1) The amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply.
(2) The changes made to this section by the act adding this paragraph shall apply to discharges of indebtedness that occur on or after January 1, 2014, and before January 1, 2015, and, notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2014 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2014 taxable year.
(e) (1) The amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply.
(2) Notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2015 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2015 taxable year.
SEC. 2.
(a) The amendments made by this act that conform to the amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2014, and before January 1, 2015.
(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Tax Increase Prevention Act of 2014 (Public Law 113-295), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2014, and before January 1, 2015, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 3.
(a) The amendments made by this act that conform to the amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2015, and before January 1, 2017, except for any discharge of qualified principal residence indebtedness that is subject to an arrangement that is entered into and evidenced in writing before January 1, 2017, in which case the amendments made by this act that conform to the amendments made by Section 151 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) apply to qualified principal residence indebtedness that is discharged after January 1, 2017.
(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence regarding debt discharged before January 1, 2016, are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2015, and before January 1, 2016, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 4.
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 provide tax relief to distressed homeowners at the earliest possible time, it is necessary that this act take effect immediately.

Summary: The Personal Income Tax Law provides for modified conformity to specified provisions of federal income tax law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual’s income if that debt is discharged after January 1, 2007, and before January 1, 2014, as provided. The federal Tax Increase Prevention Act of 2014 extended the operation of those provisions to debt that is discharged before January 1, 2015. The federal Protecting Americans from Tax Hikes Act of 2015 extended the operation of those provisions to debt that is discharged before January 1, 2017, and provides that its discharge provisions apply to specified written agreements entered into before January 1, 2017. This bill would conform to that additional discharge provision relating to specified written agreements and the federal extensions, some of which would be applied retroactively. The bill would discharge indebtedness for related penalties and interest and would make legislative findings and declarations regarding the public purpose served by the bill. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 17144.5 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 20583 of the Revenue and Taxation Code is amended to read:
20583.
(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.
(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected.
(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.
(d) “Residential dwelling” does not include any of the following:
(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.
(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.
(3) Any residential dwelling on which the claimant does not receive a secured tax bill.
(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).
SEC. 1.5.
Section 20583 of the Revenue and Taxation Code is amended to read:
20583.
(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.
(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected.
(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.
(d) “Residential dwelling” does not include any of the following:
(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.
(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.
(3) Any residential dwelling on which the claimant does not receive a secured tax bill.
(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).
(5) Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 20583 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1952. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 20583 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1952, in which case Section 1 of this bill shall not become operative.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law authorizes the Controller, upon approval of a claim for the postponement of ad valorem property taxes, to directly pay a county tax collector for the property taxes owed by the claimant, as provided. Existing law requires all sums paid for the postponement of property taxes pursuant to these provisions to be secured by a lien in favor of the state. Amounts owed by a claimant are due if the claimant, or his or her surviving spouse, ceases to occupy the premises as his or her residential dwelling, dies, disposes of the property, or allows specified taxes and special assessments to become delinquent, as provided. Existing law requires that the residential dwelling be owned by the claimant, the claimant and spouse, or the claimant and another specified individual. Existing law requires a claimant to file a claim containing specified information, including a description of the residential dwelling, under penalty of perjury. This bill would provide that “owned” for these purposes includes the interest of a beneficiary of a special needs trust. This bill would incorporate additional changes to Section 20583 of the Revenue and Taxation Code proposed by AB 1952 that would become operative if both bills are enacted and this bill is enacted last. By requiring a special needs trust claimant for property tax postponement to file certain information under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 20583 of the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
Section 4616.4 of the Labor Code is amended to read:
4616.4.
(a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to perform medical provider network (MPN) independent medical reviews pursuant to this section.
(2) Only a physician licensed pursuant to Chapter 5 (commencing with Section 2000) of the Business and Professions Code may be an MPN independent medical reviewer.
(3) The administrative director shall ensure that an MPN independent medical reviewer or those within the review organization shall do all of the following:
(A) Be appropriately credentialed and privileged.
(B) Ensure that the reviews provided by the medical professionals are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis.
(C) Ensure that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions consistent with the medical utilization schedule established pursuant to Section 5307.27.
(D) Ensure that confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law.
(E) Ensure the independence of the medical professionals retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensure adequate screening for conflicts of interest.
(4) A medical professional selected by the administrative director or the independent medical review organization to review medical treatment decisions shall be a physician, as specified in paragraph (2) of subdivision (a), who meets the following minimum requirements:
(A) The medical professional shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review.
(B) Notwithstanding any other law, the medical professional shall hold a nonrestricted license in any state of the United States, and for a physician, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review.
(C) The medical professional shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions taken or pending by any hospital, government, or regulatory body.
(b) If, after the third physician’s opinion, the treatment or diagnostic service remains disputed, the injured employee may request an MPN independent medical review regarding the disputed treatment or diagnostic service still in dispute after the third physician’s opinion in accordance with Section 4616.3. The standard to be utilized for an MPN independent medical review is identical to that contained in the medical treatment utilization schedule established in Section 5307.27.
(c) An application for an MPN independent medical review shall be submitted to the administrative director on a one-page form provided by the administrative director entitled “MPN Independent Medical Review Application.” The form shall contain a signed release from the injured employee, or a person authorized pursuant to law to act on behalf of the injured employee, authorizing the release of medical and treatment information. The injured employee may provide any relevant material or documentation with the application. The administrative director or the independent medical review organization shall assign the MPN independent medical reviewer.
(d) Following receipt of the application for an MPN independent medical review, the employer or insurer shall provide the MPN independent medical reviewer, assigned pursuant to subdivision (c), with all information that was considered in relation to the disputed treatment or diagnostic service, including both of the following:
(1) A copy of all correspondence from, and received by, any treating physician who provided a treatment or diagnostic service to the injured employee in connection with the injury.
(2) A complete and legible copy of all medical records and other information used by the physicians in making a decision regarding the disputed treatment or diagnostic service.
(e) Upon receipt of information and documents related to the application for an MPN independent medical review, the MPN independent medical reviewer shall conduct a physical examination of the injured employee at the employee’s discretion. The MPN independent medical reviewer may order any diagnostic tests necessary to make his or her determination regarding medical treatment. Utilizing the medical treatment utilization schedule established pursuant to Section 5307.27, and taking into account any reports and information provided, the MPN independent medical reviewer shall determine whether the disputed health care service was consistent with Section 5307.27 based on the specific medical needs of the injured employee.
(f) The MPN independent medical reviewer shall issue a report to the administrative director, in writing, and in layperson’s terms to the maximum extent practicable, containing his or her analysis and determination whether the disputed health care service was consistent with the medical treatment utilization schedule established pursuant to Section 5307.27, within 30 days of the examination of the injured employee, or within less time as prescribed by the administrative director. If the disputed health care service has not been provided and the MPN independent medical reviewer certifies in writing that an imminent and serious threat to the health of the injured employee may exist, including, but not limited to, serious pain, the potential loss of life, limb, or major bodily function, or the immediate and serious deterioration of the injured employee, the report shall be expedited and rendered within three days of the examination by the MPN independent medical reviewer. Subject to the approval of the administrative director, the deadlines for analyses and determinations involving both regular and expedited reviews may be extended by the administrative director for up to three days in extraordinary circumstances or for good cause.
(g) The MPN independent medical reviewer’s analysis shall cite the injured employee’s medical condition, the relevant documents in the record, and the relevant findings associated with the documents or any other information submitted to the MPN independent medical reviewer in order to support the determination.
(h) The administrative director shall immediately adopt the determination of the MPN independent medical reviewer, and shall promptly issue a written decision to the parties.
(i) If the determination of the MPN independent medical reviewer finds that the disputed treatment or diagnostic service is consistent with Section 5307.27, the injured employee may seek the disputed treatment or diagnostic service from a physician of his or her choice from within or outside the medical provider network. Treatment outside the medical provider network shall be provided consistent with Section 5307.27. The employer shall be liable for the cost of any approved medical treatment in accordance with Section 5307.1 or 5307.11.

Summary: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for the provision of medical treatment to injured employees, and requires the administrative director to contract with individual physicians or an independent medical review organization to perform medical provider network independent medical reviews. Existing law provides that if a treatment or diagnostic service remains disputed after a 3rd physician’s opinion, the injured employee may request a medical provider network independent medical review. Existing law requires the review to use standards established in statute or use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines. This bill would delete the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for those independent medical reviews. The bill would make additional technical, nonsubstantive changes.

An act to amend Section 4616.4 of the Labor Code, relating to workers’ compensation.


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

SECTION 1.
Section 84211 of the Government Code is amended to read:
84211.
Each campaign statement required by this article shall contain all of the following information:
(a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received.
(b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made.
(c) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement.
(f) If the cumulative amount of
contributions (including loans)
contributions, including loans,
received from a person is one hundred dollars ($100) or more and a contribution or loan has been received from that person during the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name of the business.
(5) The date and amount
received for
of
each contribution received during the period covered by the campaign statement
and
and,
if the contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a person is one hundred dollars ($100) or more, and a loan has been received from or made to a person during the period covered by the campaign statement, or is outstanding during the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly, indirectly, or contingently liable for repayment of a loan received or outstanding during the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more.
(j) The total amount of expenditures made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100).
(k) For each person to whom an expenditure of one hundred dollars ($100) or more has been made during the period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each expenditure was made.
(5) In the case of an expenditure
which
that
is a contribution to a candidate, elected officer, or committee or an independent expenditure to support or oppose a candidate or measure, in addition to the information required in paragraphs (1) to
(4) above,
(4), inclusive,
the date of the contribution or independent
expenditure,
expenditure;
the cumulative amount of contributions made to a candidate, elected officer, or committee, or the cumulative amount of independent expenditures made relative to a candidate or measure; the full name of the candidate, and the office and district for which he or she seeks nomination or election, or the number or letter of the measure; and the jurisdiction in which the measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for an expenditure of five hundred dollars ($500) or more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only,
the terms
“expenditure” or “expenditures” mean any individual payment or accrued expense, unless it is clear from surrounding circumstances that a series of payments or accrued expenses are for a single service or product.
(l) In the case of a controlled committee, an official committee of a political party, or an organization formed or existing primarily for political purposes, the amount and source of any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or
(q),
(p),
the number assigned to the committee by the Secretary of State shall be listed, or if no number has been assigned, the full name and street address of the treasurer of the committee.
(n) In a campaign statement filed by a candidate who is a candidate in both a state primary and general election, his or her controlled committee, or a committee primarily formed to support or oppose such a candidate, the total amount of contributions received and the total amount of expenditures made for the period January 1
through
to
June 30
, inclusive,
and the total amount of contributions received and expenditures made for the period July 1
through
to
December 31
, inclusive
.
(o) The full name, residential or business address, and telephone number of the filer, or in the case of a campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street address, and telephone number of the committee and of the committee treasurer. In the case of a committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign statements shall be the name by which the filer is identified for other legal purposes or any name by which the filer is commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name, street address, and treasurer of any committee of which he or she has knowledge which has received contributions or made expenditures on behalf of his or her candidacy and whether the committee is controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k) and 50 percent or more of the business entity is owned by a candidate or person controlling the committee, by an officer or employee of the committee, or by a spouse of any of these individuals, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity.
(s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k), and a candidate or person controlling the committee, an officer or employee of the committee, or a spouse of any of these individuals is an officer, partner, consultant, or employee of the business entity, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity.
(t) If the campaign statement is filed by a committee, as defined in subdivision (b) or (c) of Section 82013, information sufficient to identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the filer’s employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional association, a description of the industry, trade, or profession which it represents, including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the person principally represents or from which its membership or financial support is principally derived.

Summary: The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. This bill would correct an erroneous cross-reference in these provisions and would make other technical, nonsubstantive changes.

An act to amend Section 84211 of the Government Code, relating to the Political Reform Act of 1974.


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

SECTION 1.
Section 115843.6 of the Health and Safety Code is amended to read:
115843.6.
(a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied:
(1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law.
(2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board, but no less than three times during the period when bodily contact is allowed pursuant to paragraph (4).
(3) The reservoir is operated in compliance with regulations of the board.
(4) Bodily contact is allowed for no more than four months each year.
(b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board.
(c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information:
(1) The estimated levels and types of recreational uses at the reservoir on a monthly basis.
(2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform.
(3) The most current sanitary survey of the watershed and water quality monitoring.
(4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia.
(5) Annual reports provided to the board as required by the water permit issued by the board.
(6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring.
(7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality.
(8) The reservoir management plan and the operations plan.
(9) The annual water reports submitted to the consumers each year.
(d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected.
(e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section.
(2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter.
(f) As used in this section, “board” means the State Water Resources Control Board.
(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
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 in the Bear Lake Reservoir. The facts constituting the special circumstances are:
Recreational activities occur at Bear Lake Reservoir pursuant to Section 115843.6 of the Health and Safety Code, provided certain conditions are met. The Lake Alpine Water Company will continue effective water treatment through microfiltration and disinfection in order for bodily contact to continue, and the company will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law prohibits recreational use involving bodily contact with the water in Bear Lake Reservoir unless certain conditions are satisfied, including that the water subsequently receives complete water treatment. Existing law requires the Lake Alpine Water Company, on or before January 1, 2016, to file with the Legislature a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. Existing law provides that, upon a finding of noncompliance, the Lake Alpine Water Company could be subject to suspension, amendment, or revocation of any permit issued pursuant to specified provisions, and that failure to comply with these provisions would be deemed a violation subject to specified fines, penalties, or other enforcement actions. Existing law repeals these provisions on January 1, 2017. This bill would extend the operation of all these provisions until January 1, 2022, and would require the Lake Alpine Water Company to file the report on or before December 31, 2017, and biennially thereafter until January 1, 2022. By expanding the scope of a crime, the bill would create a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Bear Lake Reservoir. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 115843.6 of the Health and Safety Code, relating to reservoirs.


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

SECTION 1.
Section 63089.1 of the Government Code is amended to read:
63089.1.
(a) The program manager acting under the guidance of the executive director shall do all of the following:
(1) Administer this chapter.
(2) Enter into a contract between the bank and each corporation for services to be provided by the corporations for one or more programs or financial products under this chapter and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code.
(3) In accordance with available resources, allow the use of branch offices for the purposes of making these programs under this chapter accessible to all areas of the state.
(4) Require each corporation to submit an annual written plan of operation.
(5) Authorize the distribution, transfer, leverage, and withholding of moneys in the expansion fund and trust funds.
(6) Authorize the investment of expansion and trust fund moneys.
(7) Oversee the operations of one or more programs authorized pursuant to this chapter and by Section 8684.2.
(8) Act as liaison between corporations, other state and federal agencies, lenders, and the Legislature.
(9) Act as secretary to the California Small Business Board, and attend meetings of the California Small Business Board and the bank board.
(b) The program manager may attend and participate at corporation meetings. The program manager or his or her designee shall be an ex officio, nonvoting representative on the board of directors and loan committees of each corporation. The program manager shall confer with the board of directors of each corporation as appropriate and necessary to carry out his or her duties, but in no case shall the program manager confer less than once each fiscal year.
(c) In accordance with available resources, assist corporations in applying for public and private funding opportunities, and in obtaining program support from the business community.
SEC. 2.
Section 63089.5 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read:
63089.5.
(a) There is hereby continued in existence in the State Treasury the California Small Business Expansion Fund. All or a portion of the funds in the expansion fund may be paid out, with the approval of the Department of Finance, to a financial institution or financial company that will establish a trust fund and act as trustee of the funds.
(b) The expansion fund and the trust fund shall be used for the following purposes:
(1) To pay defaulted loan guarantee or surety bond losses, or other financial product defaults or losses.
(2) To fund direct loans and other debt instruments.
(3) To pay administrative costs of corporations.
(4) To pay state support and administrative costs.
(5) To pay those costs necessary to protect a real property interest in a financial product default.
(c) The expansion fund and trust fund are created solely for the purpose of receiving state, federal, or local government moneys, and other public or private moneys to make loans, guarantees, and other financial products that the California Small Business Finance Center or a financial development corporation is authorized to provide. The program manager shall provide written notice to the Joint Legislative Budget Committee and to the Chief Clerk of the Assembly and the Secretary of the Senate who shall provide a copy of the notice to the relevant policy committees within 10 days of any nonstate funds being deposited in the expansion fund. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank board.
(d) (1) One or more accounts in the expansion fund and the trust fund may be created by the program manager for corporations participating in one or more programs authorized under this chapter and Section 8684.2. Each account is a legally separate account, and shall not be used to satisfy loan guarantees or other financial product obligations of another corporation except when the expansion fund or trust fund is shared by multiple corporations.
(2) The program manager may create one or more holding accounts in the expansion fund or the trust fund, or in both, to accommodate the temporary or permanent transfers of funds pursuant to Section 63089.3.
(e) The amount of guarantee liability outstanding at any one time shall not exceed 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government as directed by the Department of Finance pursuant to a statute enacted by the Legislature, including each of the trust fund accounts within the trust fund.
SEC. 3.
Section 63089.5 of the Government Code, as amended by Section 8 of Chapter 132 of the Statutes of 2014, is repealed.
SEC. 4.
Section 63089.60 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read:
63089.60.
(a) The program manager shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the program manager’s decision may be repealed or modified by the executive director or the bank board.
(b) The amount of guarantee liability outstanding at any one tid by a reserve of at least 10 percent to be determined by the program manager unless a higher leverage ratio for an individual corporation has been approved pursuant to subdivision (b) of Section 63089.56.
(c) The expansion fund and trust fund accounts shall be used to guarantee obligations and other financial product obligations, to pay the administrative costs of the corporations, and for other uses pursuant to this chapter and Section 8684.2.
SEC. 7.
Section 63089.61 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed.
SEC. 8.
Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read:
63089.62.
(a) It is the intent of the Legislature that the corporations make maximum use of their statutory authority to guarantee loans and surety bonds, and administer other financial products, including the authority to secure loans with a minimum loan loss reserve of only 10 percent, unless the program manager authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 63089.56, so that the financing needs of small business may be met as fully as possible within the limits of corporations’ trust fund account balance.
(b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the executive director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount.
SEC. 9.
Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed.

Summary: Existing law, the Small Business Financial Assistance Act of 2013, establishes the California Small Business Expansion Fund, a continuously appropriated fund that includes General Fund moneys. The act requires guarantees made by small business financial development corporations to be backed by funds on deposit in the corporation’s trust fund account or by receivables due from funds loaned from the corporation’s trust fund account to another fund in state government, as specified, and requires these loan guarantees to be secured by a reserve of at least 20, until January 1, 2018, and 25 thereafter, as specified. This bill would reduce the required reserve to 10 indefinitely and would make conforming changes with respect to related statements of legislative intent. Existing law prohibits the amount of guarantee liability outstanding at any one time from exceeding 5 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, until January 1, 2018, and 4 times thereafter. This bill would increase that maximum amount to 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, would apply that increased amount indefinitely, and would make conforming changes. Existing law requires the program manager under the guidance of the executive director of the California Infrastructure and Economic Development Bank, to, among other things, authorize the distribution, transfer, and withholding of moneys in the expansion fund and trust funds. This bill would also require the program manager to leverage moneys in the expansion fund and trust funds.

An act to amend Section 63089.1 of, and to amend and repeal Sections 63089.5, 63089.60, 63089.61, and 63089.62 of, the Government Code, relating to business.


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

SECTION 1.
Section 2356.5 of the Probate Code is amended to read:
2356.5.
(a) The Legislature hereby finds and declares:
(1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs.
(2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia.
(3) That, by adding powers to the probate conservatorship for conservatees with MNCDs, their unique and special needs can be met, and the basic dignity and rights of the conservatee can be safeguarded.
(4) Psychotropic medications can be misused for people with MNCDs to control behavior that conveys pain, distress, or discomfort and the administration of psychotropic medications has been and can be abused by those who prescribe and administer these medications.
(5) Since 2005, the federal Food and Drug Administration has required the packaging of all antipsychotic medications, which fall under a class of psychotropic medication, to contain a black box warning label that the medication significantly increases the risk of death for elderly people with MNCDs.
(6) Therefore, granting powers to a conservator to authorize these medications for the treatment of a person with an MNCD requires the additional protections specified in this section.
(b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.”
(c) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following:
(1) The conservatee has an MNCD.
(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.
(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f).
(4) The proposed placement in a secured perimeter residential care facility for the elderly is the least restrictive placement appropriate to the needs of the conservatee.
(5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan.
(d) Notwithstanding any other law, a conservator of a person may authorize the administration of psychotropic medications to a conservatee with an MNCD only upon a court’s finding, by clear and convincing evidence, of all of the following:
(1) The conservatee has an MNCD.
(2) The conservatee lacks the capacity to give informed consent to the administration of psychotropic medications for his or her treatment and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.
(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f).
(e) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (d) shall be by an accredited practitioner of that religion in lieu of the administration of medications.
(f) A petition for authority to act under this section is governed by Section 2357, except:
(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470.
(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893.
(3) The petition requesting authority under subdivision (c) shall be supported by a declaration of a physician, or a psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested. The psychologist shall have at least two years of experience in diagnosing MNCDs.
(4) The petition requesting authority under subdivision (d) shall be supported by a declaration of a physician regarding each of the findings required to be made under this section for any power requested. The supporting declaration for a petition requesting authority under subdivision (d) shall also include all of the following:
(A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior.
(B) The recommended course of medication.
(C) A description of the pharmacological and nonpharmacological treatments and medications that have been previously used or proposed, the less invasive treatments or medications used or proposed, and why these treatments or medications have not been or would not be effective in treating the conservatee’s symptoms.
(D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms.
(E) A description of the potential side effects of the recommended medication, including any black box warnings issued by the federal Food and Drug Administration as defined in Section 201.57(c)(1) of Title 21 of the Code of Federal Regulations.
(F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications.
(5) On or before July 1, 2017, the Judicial Council shall adopt rules of court and develop appropriate forms for the implementation of this section, and shall provide guidance to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(6) The petition may be filed by any of the persons designated in Section 1891.
(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following:
(1) File a petition with the court regarding the status of the conservatee.
(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate.
(h) If authority to administer psychotropic medications is granted pursuant to subdivision (d), the conservator may change or adjust psychotropic medications without further notice to, or approval from, the court, provided that the change or adjustment is consistent with the authority granted by the courons” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents.
(o) This section shall not apply to a conservatee who is prescribed a psychotropic or antipsychotic medication by a physician in an acute care hospital setting or for purposes of diagnosis or therapeutic treatment not directly related to the MNCD, including, but not limited to, sedation prior to an invasive procedure or nausea prevention or relief. In those circumstances, the informed consent of the conservator may be obtained pursuant to the authority granted under Section 2355.

Summary: Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court’s finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs), as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.

An act to amend Section 2356.5 of the Probate Code, relating to conservatorships.