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

SECTION 1.
Section 12940 of the Government Code is amended to read:
12940.
It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.
(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations.
(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following:
(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission.
(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.
(4) Nothing in this part relating to discrimination shall affect the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with Article 3 (commencing with Section 12958).
A veterans’ preference employment policy shall not be established or applied for the purpose of discriminating against an employment applicant on the basis of any protected classification in this subdivision.
(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.
(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.
(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members, any employer, or any person employed by an employer.
(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against.
(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant or from specifying age limitations, where the law compels or provides for that action.
(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation.
(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.
(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that the employer or employment agency can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories that are part of an employee health program available to employees at that worksite.
(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code, which prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.
(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
(j) (1) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2) This subdivision is declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria:
(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B) The person is customarily engaged in an independently established business.
(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work.
(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.
(2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.
(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.
(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.
(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.
(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.
(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law.
SEC. 2.
Article 3 (commencing with Section 12958) is added to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:
Article  3. Voluntary Veterans’ Preference Employment Policies
12958.
This article shall be known, and may be cited, as the “Voluntary Veterans’ Preference Employment Policy Act.”
12958.1.
As used in this article:
(a) “DD 214” means United States Department of Defense Form 214 or a similarly effective form issued by that department relating to separation from military service.
(b) “Private employer” means a business entity in the private sector of this state with one or more employees.
(c) “Veteran” means a person who served on active duty in the Armed Forces of the United States who was discharged or released with an honorable discharge.
(d) “Veterans’ preference employment policy” means a private employer’s voluntary preference for hiring or retaining a veteran over another qualified applicant or employee.
12958.2.
(a) Notwithstanding any other law, a private employer may establish and maintain a written veterans’ preference employment policy, which shall be applied uniformly to hiring decisions.
(b) An employer with a veterans’ preference employment policy may require that a veteran submit a DD 214 to be eligible for the preference.
(c) The granting of a veterans’ preference pursuant to this article, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, this chapter.
(d) The Department of Veterans Affairs shall assist any private employer in determining if an applicant is a veteran to the extent permitted by law.
(e) Nothing in this section shall be construed to authorize the establishment or use of a veterans’ preference employment policy for the purpose of discriminating against
the
an
employment applicant on the basis of any protected classification in subdivision (a) of Section 12940.

Summary: Under the California Fair Employment and Housing Act, it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. The California Fair Employment and Housing Act provides that nothing in that act relating to discrimination on account of sex affects the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. This bill would enact the Voluntary Veterans’ Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans’ preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. The bill would provide that the granting of a veterans’ preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the antidiscrimination provisions of the California Fair Employment and Housing Act. The bill would revise the existing veteran status provision in the California Fair Employment and Housing Act to remove references to discrimination on account of sex and to Vietnam-era veterans, and would, instead, provide that nothing in that act relating to discrimination affects the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with the Voluntary Veterans’ Preference Employment Policy Act. The bill would prohibit a veterans’ preference employment policy from being established or applied for the purpose of discriminating against an employment applicant on the basis of a protected classification, as specified.

An act to amend Section 12940 of, and to add Article 3 (commencing with Section 12958) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to employment.


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

SECTION 1.
Section 51210 of the Education Code is amended to read:
51210.
(a) The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study:
(1) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.
(2) Mathematics, including concepts, operational skills, and problem solving.
(3) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources.
(4) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems.
(5) Visual and performing arts, including instruction in the subjects of dance, music, theatre, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression.
(6) Health, including instruction in the principles and practices of individual, family, and community health.
(7) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.
(8) Other studies that may be prescribed by the governing board.
(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal.
(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians.
(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate.
SEC. 2.
Section 51223 of the Education Code is amended to read:
51223.
(a) Notwithstanding Sections 51210 and 51222, instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.
(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal.
(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians.
(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 protect California public schools from unnecessary lawsuits that take funds away from our classrooms, it is necessary for this bill to take effect immediately.

Summary: Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include instruction in specified areas of study, including physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. Notwithstanding that provision, existing law provides that instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of the physical education adopted course of study for pupils in those grades to be filed with the school district or county superintendent of schools pursuant to the Uniform Complaint Procedures, as specified. To the extent this bill would impose additional duties on school district or county office of education officials, the bill would impose a state-mandated local program. The bill also would state the Legislature’s finding and declaration that the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, and for instructional time for physical education in an elementary school maintaining any of grades 1 to 8, inclusive, were not intended to create a private right of action, but would provide that nothing in those provisions is to restrict or expand the existing right of any party to seek relief from noncompliance with them pursuant to a writ of mandate. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 51210 and 51223 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 44520 of the Health and Safety Code is amended to read:
44520.
(a)  The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all necessary rules and regulations to carry out its powers and duties under this division. The authority may call upon any board or department of the state government for aid and assistance in the preparation of plans and specifications and in the development of technology necessary to effectively control pollution.
(b)  Notwithstanding subdivision (a), the authority, or any other agency implementing a loan program or
small business or
brownfield site financing assistance program pursuant to an interagency agreement with the authority, may adopt regulations relating to the loans or
small business or
brownfield site financing as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.
SEC. 2.
Section 44525 of the Health and Safety Code is amended to read:
44525.
The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing pursuant to this division and to support authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 8 (commencing with Section 44559), and grants and loans as authorized by subdivision (h) of Section 44526.
SEC. 3.
Section 44525.7 of the Health and Safety Code, as added by Section 7 of Chapter 915 of the Statutes of 2000, is repealed.
SEC. 4.
Section 44525.7 is added to the Health and Safety Code, to read:
44525.7.
Notwithstanding Section 10231.5 of the Government Code, commencing in 2016 and annually thereafter, the authority shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, regarding alternative financing programs
administrated under
administered pursuant to
subdivision (a) of Section 44526.
SEC. 5.
Section 44526 of the Health and Safety Code is amended to read:
44526.
The authority may do any of the following:
(a) Determine the location and character of any project to be financed under the provisions of this division, lend financial assistance, including grants, loans, credit enhancements, and other incentives designed to leverage private capital, to any participating party, construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and enter into contracts for the sale of any pollution control facilities, including installment sales or sales under conditional sales contracts, and make loans to participating parties to lend financial assistance in the acquisition, construction, or installation of a project.
(b) Issue bonds, notes, bond anticipation notes, and other obligations of the authority for any of its corporate purposes, and fund or refund the same, all as provided in this division.
(c) Fix fees and charges for pollution control facilities, or for the loan of moneys to finance pollution control facilities, and to revise from time to time those fees and charges, and collect rates, rents, fees, loan repayments, and charges for the use of and for any facilities or services furnished, or to be furnished, by a project or any part of a project and contract with any person, partnership, association, corporation, or public agency with respect to these matters, and to fix the terms and conditions upon which any pollution control facilities may be sold or disposed of, whether upon installment sales contracts or otherwise.
(d) Employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; contract for engineering, architectural, accounting, or other services of appropriate agencies as may be necessary in the judgment of the authority for the successful development of any project; and pay the reasonable costs of consulting engineers, architects, accountants, and construction experts employed by any participating party if, in the judgment of the authority, those services are necessary to the successful development of any project, and those services are not obtainable from any public agency.
(e) Receive and accept loans, contributions, or
grants,
grants
of
money,
moneys,
property, labor, or other things of
value,
value
for, or in aid of, the authority in carrying out the purposes of this division, from any source, including, but not limited to, the federal government, the state, or any agency of the state, any local government or agency thereof, or any nonprofit or for-profit private entity or individual.
(f) Apply for, and accept, subventions, grants, loans, advances, and contributions from any
source,
sources
of
money,
moneys,
property, labor, or other things of value. The sources may include, but are not limited to, bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grant and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account.
(g) [Reserved]
(h) (1) Provide a loan directly, or indirectly through one or more public or private sector intermediaries, to any city, county, school district, redevelopment agency, financial institution, as defined in subdivision (d) of Section 44559.1, for-profit or not-for-profit organization, or participating party, as defined in Section 44506, to assist in financing, among other things, the costs of performing or obtaining brownfield site assessments, remedial action plans and reports, technical assistance, the cleanup, remediation, or development of brownfield sites, or any other similar or related costs, subject to all applicable federal, state, and local laws, procedures, and regulations.
(2) The authority shall establish standards and criteria to ensure that a recipient of direct or indirect financing for cleanup or remediation pursuant to this subdivision has the necessary financial resources and expertise to successfully and appropriately complete the cleanup or remediation of the property.
(3) The authority may pay all, or a portion, of the associated program development and implementation costs of any public or private sector intermediaries through which a loan is made. A loan authorized by this subdivision is subject to both of the following:
(A) A loan may be used in connection with a brownfield site prior to a determination of whether the site has a reasonable potential for economically beneficial reuse.
(B) A loan may be made upon the terms determined by the authority and may provide for any rate of interest or no interest.
(4) The authority shall fund a loan made pursuant to this subdivision from any funds available to it, from any funds set aside for the authority’s administrative expenses, or from any small business assistance fund established for these purposes pursuant to Section 44548.
(5) The authority may waive repayment of all, or a portion, of any loan made pursuant to this subdivision upon conditions to be determined by the authority, and the amount so waived shall be deemed a grant to the recipient.
(i) Do all things generally necessary or convenient to carry out the purposes of this division.
SEC. 6.
Section 44559.3 of the Health and Safety Code is amended to read:
44559.3.
(a)  The authority shall establish a loss reserve account for each financial institution with which the authority makes a contract.
(b) The loss reserve account for a financial institution shall consist of moneys paid as fees by borrowers and the financial institution, moneys transferred to the account from a small business assistance fund, any matching federal moneys, and any other moneys provided by the authority or other source.
(c) Notwithstanding any other law, the authority may establish and maintain loss reserve accounts with any financial institution under any policies the authority may adopt, including the policies of other funding sources, pursuant to subdivision (b) of Section 44559.11.
(d) All moneys in a loss reserve account established pursuant to this article are the exclusive property of, and solely controlled by, the authority. Interest or income earned on moneys credited to the loss reserve account shall be deemed to be part of the loss reserve account. The authority may withdraw from the loss reserve account all, or a portion of, the interest or other income that has been credited to the loss reserve account. Any withdrawal made pursuant to this subdivision may be made prior to paying any claim and shall be used for the sole purpose of offsetting costs associated with carrying out the program, including administrative costs and loss reserve account contributions.
(e) The combined amount to be deposited by the participating financial institution into any individual loss reserve account over a three-year period, in connection with any single borrower or any group of borrowers among which a common enterprise exists, shall be not more than one hundred thousand dollars ($100,000).
SEC. 7.
Section 44559.6 of the Health and Safety Code is amended to read:
44559.6.
(a) Notwithstanding Section 10231.5 of the Government Code, the authority shall annually prepare a report to the Governor and the Legislature that describes the financial condition and programmatic results of the capital access loan programs authorized under this article. Programmatic results shall include, but not be limited to, the total number of business, entities, and individuals served, jobs created, jobs retained, the geographic distribution of the loans, and the breakdown of businesses served by industry sector for all new loans issued since the report for the prior year.
(b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 8.
Section 44559.11 of the Health and Safety Code is amended to read:
44559.11.
(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program.
(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a source that is a public or quasi-public entity other than the authority, the authority may, by regulation adopted pursuant to subdivision (b) of Section 44520, establish alternate provisions as necessary to enable the authority to participate in the alternative funding source program, including implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing.

Summary: The California Pollution Control Financing Authority Act establishes the California Pollution Control Financing Authority, with specified powers and duties, and authorizes the authority to approve financing for projects or pollution control facilities to prevent or reduce environmental pollution. This bill would authorize the authority to lend financial assistance, including, but not limited to, grants, loans, credit enhancements, and other incentives. The bill also would authorize the authority to establish alternate provisions as necessary to enable the authority to participate in an alternative funding source program, including, but not limited to, implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in the state that require financing, and to adopt the policies of those alternative funding sources. The bill also would make conforming changes.

An act to amend Sections 44520, 44525, 44526, 44559.3, 44559.6, and 44559.11 of, and to repeal and add Section 44525.7 of, the Health and Safety Code, relating to the California Pollution Control Financing Authority.


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

SECTION 1.
Section 186.9 of the Penal Code is amended to read:
186.9.
As used in this chapter:
(a) “Conducts” includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction.
(b) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (former 12 U.S.C. Sec. 1724(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with the Commissioner of Corporations under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies, or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section 10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning and scope of subdivision (f) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or Section 1010.100 of Title 31 of the Code of Federal Regulations and any successor provisions thereto.
(c) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution as defined by subdivision (b).
(d) “Monetary instrument” means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country; payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political subdivision thereof; any bank check, cashier’s check, traveler’s check, or money order; any personal check, stock, investment security, or negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, “monetary instrument” does not include personal checks made payable to the order of a named party which have not been endorsed or which bear restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the named party into the named party’s account with a financial institution.
(e) “Criminal activity” means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or imprisonment pursuant to subdivision (h) of Section 1170 or a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction by death or imprisonment for a term exceeding one year. “Criminal activity” also means a criminal offense specified in Section
320,
321, 322, 323, 326, 330a, 330b, 330c,
or 330.1.
330.1, or 330.4. This subdivision does not apply to any controlled game within the scope of Section 19943.5 of the Business and Professions Code that is approved by the Department of Justice.
(f) “Foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States.
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 makes it a felony or a misdemeanor to engage in money laundering, defined as conducting a transaction involving a monetary instrument of specified value through a financial institution with the specific intent to promote or facilitate criminal activity. Existing law defines criminal activity for these purposes as any criminal offense punishable as a felony. This bill would expand the definition of criminal activity for purposes of money laundering to include various offenses punishable as misdemeanors that are related to illegal lotteries and gaming. By expanding the definition of 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 186.9 of the Penal Code, relating to money laundering.


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

SECTION 1.
Section 30130.53 is added to the Revenue and Taxation Code, to read:
30130.53.
(a) The board shall determine within one year of the effective date of this act, and annually thereafter, the effect that the additional taxes imposed on cigarettes by this article, and the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, have on the consumption of cigarettes and tobacco products in this state. To the extent that a decrease in consumption is determined by the board to be a direct result of the additional tax imposed by this article, or the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, the board shall determine the fiscal effect the decrease in consumption has on the Cigarette and Tobacco Products Surtax Fund created by Section 30122 (Proposition 99 as approved by the voters at the November 8, 1988, statewide general election), the Breast Cancer Fund created by Section 30461.6, the California Children and Families Trust Fund created by Section 30131 (Proposition 10 as approved by the voters at the November 3, 1998, statewide general election), and the General Fund with respect to revenues derived from Section 30101.
(b) Funds shall be transferred from the California Tobacco Tax Act of 2015 Fund, to the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, the California Children and Families Trust Fund, and the General Fund, to offset the revenue decrease directly resulting from imposition of additional taxes by this article.
(c) Transfers under this section shall be made by the board at times as the board determines necessary to further the intent of this section.
SEC. 2.
Section 30130.55 is added to the Revenue and Taxation Code, to read:
30130.55.
(a) Notwithstanding any other law, the California Tobacco Tax Act of 2015 Fund is a trust fund established solely to carry out the purposes set forth in this article, and all revenues deposited into the California Tobacco Tax Act of 2015 Fund, together with interest earned by the fund, shall be expended only in accordance with this article and its purposes.
(b) (1) Funds in the Tobacco Prevention and Education Account shall be available, upon appropriation by the Legislature, to supplement tobacco prevention and control programs as follows:
(A) Eighty percent to the State Department of Public Health.
(B) Ten percent to the State Department of Education.
(C) Ten percent to the University of California.
(2) Funds in the Tobacco Disease Related Health Care Account shall be available to the State Department of Health Care Services, upon appropriation by the Legislature, to improve existing programs to provide quality and access to health care programs for families and children pursuant to Chapter 7 (commencing with Section 14000) to Chapter 8.9 (commencing with Section 14700), inclusive, of Part 3 of Division 9 of the Welfare and Institutions Code.
(3) Funds in the Tobacco Law Enforcement Account shall be available to the board, the Department of Justice, and the State Department of Public Health, upon appropriation by the Legislature, for the purpose of supplementing funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, including, but not limited to, laws that prohibit cigarette smuggling, counterfeiting, selling untaxed tobacco, selling tobacco without a proper license, and selling tobacco to minors, and enforcing tobacco-related laws, court judgments, and settlements.
(c) Not more than 5 percent of the funds received from the California Tobacco Tax Act of 2015 Fund shall be used by any state recipient for administrative costs.
(d) The Department of Justice, the State Department of Public Health, the State Department of Education, and the State Department of Health Care Services shall, and the Regents of the University of California are requested to, on an annual basis, publish on their respective Internet Web sites an accounting of moneys received from the California Tobacco Tax Act of 2015 Fund and how the moneys were spent.
SEC. 3.
This act shall become operative only if Senate Bill 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.
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 immediately offset any revenue decreases to the California Children and Families Trust Fund, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund as a result of additional taxes that may be imposed, and to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products at the earliest possible time, it is necessary that this act take effect immediately.

Summary: The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 and the California Children and Families Act of 1998 . This bill would require moneys collected and deposited in the California Tobacco Tax Act of 2015 Fund from an additional tax to be imposed on the distribution of cigarettes, a related floor stock tax, and a cigarette indicia adjustment tax to be transferred from that fund to the California Children and Families Trust Fund, which is a continuously appropriated fund, thereby making an appropriation, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund, as necessary to offset revenue decreases to those funds directly resulting from additional taxes to be imposed. This bill would also make funds of accounts in the California Tobacco Tax Act of 2015 Fund available to specified state entities upon appropriation by the Legislature to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, as specified. This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. This bill would declare that it is to take effect immediately as an urgency statute.

An act to add Sections 30130.53 and 30130.55 to the Revenue and Taxation Code, relating to public health finance,
and
making an appropriation
therefor.
therefor, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Article 2 (commencing with Section 18711) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article  2. California Domestic Violence Victims Fund
18711.
(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Domestic Violence Victims Fund established by Section 18712. That designation is to be used as a voluntary contribution on the tax return.
(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return.
(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s liability, the return shall be treated as though no designation has been made. If a designee is not specified, the contribution shall be transferred to the General Fund after reimbursement of the direct actual costs of the Franchise Tax Board for the collection and administration of funds under this article.
(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis.
(e) The Franchise Tax Board shall revise the form of the return to include a space labeled “California Domestic Violence Victims Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to further the services that California’s domestic violence programs provide for victims of domestic violence.
(f) Notwithstanding any other law, a voluntary contribution designation for the California Domestic Violence Victims Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available.
(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18712.
There is hereby established in the State Treasury the California Domestic Violence Victims Fund to receive contributions made pursuant to Section 18711. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18711 to be transferred to the California Domestic Violence Victims Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Domestic Violence Victims Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18711 for payment into that fund.
18713.
All moneys transferred to the California Domestic Violence Victims Fund, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article.
(b) To the Office of Emergency Services for the distribution of funds to domestic violence programs in California that are in active status, as reflected on the Business Search page of the Secretary of State’s Internet Web site, and are exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code, and are active grant recipients under the Comprehensive Statewide Domestic Violence Program within the Office of Emergency Services as described in Section 13823.15 of the Penal Code. The Office of Emergency Services shall award the funds and be responsible for overseeing the grant program.
(1) A domestic violence program shall not use grant moneys awarded pursuant to this section for its administrative costs.
(2) The Office of Emergency Services shall not use fund moneys for its administrative costs.
18714.
(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the California Domestic Violence Victims Fund appears on the tax return, the Franchise Tax Board shall do all of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Provide written notification to the Office of Emergency Services of the amount determined in subparagraph (A).
(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.

Summary: Existing law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds. Existing law also has administrative provisions applicable to voluntary contributions. This bill would additionally allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the California Domestic Violence Victims Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the California Domestic Violence Victims Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available. The bill would require moneys in the California Domestic Violence Victims Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs and the balance to the Office of Emergency Services (OES) for the distribution of funds to active grant recipients under the Comprehensive Statewide Domestic Violence Program within OES, as provided. The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the California Domestic Violence Victims Fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.

An act to add and repeal Article 2 (commencing with Section 18711) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
Section 25200.24 is added to the Health and Safety Code, to read:
25200.24.
(a) Except as provided in subdivision (b), the department shall, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community.
(b) If the local air pollution control district or air quality management district, at the time that a hazardous waste facility applies for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, imposes a requirement on hazardous waste facilities that is substantially similar to the requirement specified in subdivision (a), subdivision (a) shall not apply and the department shall instead require the facility to comply with the requirement of the air pollution control district or air quality management district as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit.
SEC. 2.
Section 25200.25 is added to the Health and Safety Code, to read:
25200.25.
(a) A member of the public may request a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit application. The department shall grant a request for a technical assistance grant if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application. The department may, in its discretion, grant a request for a technical assistance grant received more than one year from the submission of the applicable permit application. The technical assistance grant shall be funded by the permit applicant. The department shall develop criteria and post on its Internet Web site the minimum requirements for an entity that wishes to provide this technical assistance.
(b) Upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, the department shall post on its Internet Web site that the application has been received. The department shall include with this information a description of the process for applying for a technical assistance grant.
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.
SECTION 1.
Section 4629.8 is added to the
Welfare and Institutions Code
, to read:
4629.8.
(a)For purposes of this section, the following definitions apply:
(1)“Administrative costs” means all costs other than direct service expenditures, including all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, including, but not limited to, all of the following:
(A)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for managerial personnel whose primary purpose is the administrative management of the entity, including, but not limited to, directors and chief executive officers.
(B)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, and facility management.
(C)Facility and occupancy costs directly associated with administrative functions.
(D)Maintenance and repair.
(E)Data processing and computer support services.
(F)Contract and procurement activities, except those provided by a direct service employee.
(G)Training directly associated with administrative functions.
(H)Travel directly associated with administrative functions.
(I)Licenses directly associated with administrative functions.
(J)Taxes.
(K)Interest.
(L)Property insurance.
(M)Personal liability insurance directly associated with administrative functions.
(N)Depreciation.
(O)General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions.
(P)Consultants and professional services, including, but not limited to, accounting and legal services.
(Q)Distributions to shareholders.
(R)Advertising costs.
(S)Conference, convention, and meeting costs.
(T)Facility and office equipment costs, including, but not limited to, rent, lease, and mortgage payments, directly associated with administrative functions.
(U)Transfers to a corporate parent or franchisor, including, but not limited to, franchise fees, fees for copyright or trademark usage, fees for advertising materials, royalty fees, or conference fees.
(V)Other general operating and overhead costs.
(2)“Direct service expenditures” means all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, in the following categories:
(A)Wages and benefits, including state, federal, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for respite care aides.
(B)Expenses substantially similar to those in subparagraph (A) that are directly related to the provision of in-home respite services.
(3)“Financial management services” means services as defined by Section 4685.7 and any similar service, including, but not limited to, payroll duties, processing payments for the reimbursement of services, and other employer responsibilities that are required by federal and state law, when the agency is the employer for those purposes, but the consumer or his or her family member recruits the worker.
(4)“Service agency” means an organization or corporation that provides in-home respite services, as defined in Section 4690.2.
(b)(1)Notwithstanding Section 4629.7 or any other law, all regional center contracts or agreements with contracting entities that provide in-home respite services, as defined in Section 4690.2, and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least seven million dollars ($7,000,000), shall expressly require that at least 85 percent of regional center funds be spent on direct service expenditures. Direct service expenditures shall not include administrative costs.
(2)A contracting service agency may meet the annual revenue attributable to in-home respite services specified in paragraph (1) in either of the following ways:
(A)The annual revenue of the contracting service agency that is attributable to in-home respite services provided to regional center consumers, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, meets or exceeds seven million dollars ($7,000,000).
(B)The annual revenue of the contracting entity’s parent organization that is attributable to in-home respite services provided to regional center consumers in this state, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, whether earned directly by the parent organization or by subcontractors and subsidiaries of the parent organization, meets or exceeds seven million dollars ($7,000,000).
(c)Consistent with subdivision (b), service providers and contractors, upon request, shall provide regional centers with access to books, documents, papers, computerized data, source documents, consumer records, or other records pertaining to the service providers’ and contractors’ rates.

Summary: Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. The bill would require the department, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified. The bill would require the department to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize the department to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application. The bill would require the permit applicant to fund the grants. The bill would require the department, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant. Because a violation of the bill’s requirements would be 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. Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of the regional centers, including, but not limited to, development of individual program plans, the purchase of needed services to implement the plan, and monitoring of the delivery of those services. Existing law requires the regional center contracts and agreements with service providers in which rates are determined through negotiations between the regional center and the service providers to expressly require that not more than 15 of regional center funds be spent on administrative costs, as defined. This bill would require all regional center contracts or agreements with contracting entities that provide in-home respite services and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least $7,000,000, as specified, to expressly require that at least 85 of regional center funds be spent on direct service expenditures, as defined.

An act to add
Section 4629.8 to the Welfare and Institutions Code,
Sections 25200.24 and 25200.25 to the Health and Safety Code,
relating to
developmental services.
hazardous waste facilities.


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

SECTION 1.
Section 1824 is added to the Insurance Code, to read:
1824.
(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a
fifteen-
dollar ($15)
fee per bail bond
transaction, not to exceed thirty dollars ($30),
transaction
for each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund.
(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows:
(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to:
(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it.
(B) Responding to consumer inquiries and complaints related to bail transactions.
(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers.
(D) The cost of any fiscal audit performed pursuant to this section.
(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond.
(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following:
(i) The proposed use of the moneys and the anticipated outcome.
(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided.
(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies.
(B) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner.
(C) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents.
(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential.
(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department.
(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys.
(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year.
(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions.
Regulations adopted pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) The commissioner shall provide a consolidated report annually on the department’s Internet Web site, which shall include, but is not limited to, the following information:
(1) The number of consumer complaints regarding
to
bail bond transactions.
(2) The number of investigations initiated relating to bail bond transactions.
(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies.
(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department’s legal division.
(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions.
(i) A violation of this section is not a crime pursuant to Section 1814.
SEC. 2.
The Legislature finds and declares that this act imposes limits on the public’s right of access to meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following finding to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public’s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.

Summary: Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing law requires persons soliciting or negotiating the execution or delivery of an undertaking of bail on behalf of a surety insurer to be licensed as a bail agent. This bill would require each surety insurer or bail permittee to pay a fee, not to exceed $30 fee of $15 per bail bond transaction. These fees would go to the Bail Investigation and Prosecution Fund, created as a special account in the Insurance Fund. This bill would provide that moneys in the Bail Investigation and Prosecution Fund be distributed by the commissioner, upon appropriation, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail, as specified. This bill would provide that require the commissioner to reduce the amount of the assessment, as specified, if the total amount in the Bail Investigation and Prosecution Fund ever exceeds $8,000,000, then the commissioner shall reduce the amount of the assessment, as specified. $8,000,000. This bill would authorize the commissioner to develop guidelines to implement or clarify these provisions. This bill would require the commissioner to provide an annual report on the department’s Internet Web site including various information, as specified. Existing constitutional provisions require that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

An act to add Section 1824 to the Insurance Code, relating to insurance.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) For many victims of domestic violence, a wireless telephone is their lifeline to the community resources, life-saving services, and support network they need to leave their batterer and abusive environment. For the majority of victims, shelter in a confidential safe house is a last resort, and, in fact, unnecessary. Victims are going about their lives, working, and taking care of their children, as they are making plans and determining their next steps to safely leave their abuser. Many victims are able to access counseling services and obtain legal assistance, such as securing a restraining order, without entering into a safe house. For these victims, a wireless telephone serves as a critical tool for making appointments and communicating with their advocates.
(b) Allowing a victim of domestic violence to retain the use of an existing wireless telephone number and access to the contacts and other information that may be contained in an existing wireless telephone is important for both the safety and emotional support of the victim. This can be a problem if the domestic violence victim is not the accountholder for the wireless telephone, as only an accountholder has the authority to release the telephone number or numbers contained in the account.
(c) According to a Wall Street Journal article, in 2011 just under 71 percent of households had a landline in the home, down from a little more than 96 percent of households 15 years earlier. Cellular telephone ownership among adults reached 89 percent in 2011, up from approximately 36 percent in 1998.
(d) A 2014 National Public Radio Survey of 72 shelters in large cities and smaller towns across the nation found that 85 percent of the shelters worked directly with victims whose abusers tracked the victims using GPS. Seventy-five percent of the shelters worked with victims whose abusers eavesdropped on their conversations remotely by using hidden mobile applications.
SEC. 2.
Section 6347 is added to the Family Code, to read:
6347.
(a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the requesting party, the court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the accountholder.
(b) (1) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name and contact information of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200).
(2) The order shall be served on the wireless service provider’s agent for service of process listed with the Secretary of State.
(3) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order:
(A) When the accountholder has already terminated the account.
(B) When differences in network technology prevent the functionality of a device on the network.
(C) When there are geographic or other limitations on network or service availability.
(c) (1) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party pursuant to subdivision (b) by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers.
(2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.
(d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property pursuant to Sections 6324 and 6340.
(e) No cause of action shall lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of a court order issued pursuant to this section.
(f) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section.
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 a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor. This bill would, commencing July 1, 2016, additionally authorize a court, after notice and a hearing, to issue an order directing a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a requesting party. The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name and contact information of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone number or numbers, the requesting party to assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The bill would not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property, as specified. The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of the court order. The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions. By expanding the scope of an existing 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 add Section 6347 to the Family Code, relating to family law.