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

SECTION 1.
(a) The sum of six hundred forty-seven thousand four hundred forty-three dollars and thirty-two cents ($647,443.32) is hereby appropriated from the various funds specified in subdivision (b) to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b).
(b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule:
Total for Fund: General Fund (0001) ........................ $606,296.25
Total for Fund: Item 2660-001-0042
Budget Act of 2016, Program 1835010 ........................ $47.31
Total for Fund: Item 2740-001-0044
Budget Act of 2016, Program 2130 ........................ $966.22
Total for Fund: Item 4260-101-0001
Budget Act of 2016, Program 3960022 ........................ $2,028.06
Total for Fund: Item 5180-111-0001
Budget Act of 2016, Program 4275010 ........................ $15,567.57
Total for Fund: Item 7100-001-0185
Budget Act of 2016, Program 5930 ........................ $22,537.91
SEC. 2.
Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivision (b) of Section 1 of this act to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivision (b) that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for the support of the board reimbursements to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act.
SEC. 3.
The sum of five hundred eighty-one thousand six hundred dollars ($581,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Obie Steven Anthony III, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 4.
The sum of six hundred fifty-three thousand six hundred dollars ($653,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of John Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 5.
The sum of five hundred sixty-four thousand one hundred dollars ($564,100) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Michael Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 6.
The sum of five hundred twelve thousand six hundred dollars ($512,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Timothy Gantt, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 7.
The sum of six hundred fifty-four thousand five hundred dollars ($654,500) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Marco Milla, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 8.
The sum of seven hundred sixty-two thousand four hundred forty dollars ($762,440) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Larry Pohlschneider, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 9.
The sum of nine hundred thirty-six thousand eight hundred eighty dollars ($936,880) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Luther Ed Jones, Jr., accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code.
SEC. 10.
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 pay claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately.

Summary: Existing law requires the California Victim Compensation and Government Claims Board to ensure that all claims that have been approved by the board and for which there exists no legally available appropriation are submitted for legislative approval at least twice each calendar year. This bill would appropriate $647,443.32 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from specified Budget Act items of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill would also appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals. This bill would declare that it is to take effect immediately as an urgency statute.

An act relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 27491.4 of the Government Code is amended to read:
27491.4.
(a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy.
(b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law.
(c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491.
SEC. 2.
Section 27491.41 of the Government Code is amended to read:
27491.41.
(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death.
(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.
(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly.
(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death.
(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health.
(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code.
(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement.
(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section.
(i)  Consent of any person is not required before undertaking the autopsy required by this section.
SEC. 3.
Section 27491.43 of the Government Code is amended to read:
27491.43.
(a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent.
(2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article.
(b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address.
(c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard.
(d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases.
(2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure.
(3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions.
(4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court.
(5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition.
(e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section.
(f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section.
SEC. 4.
Section 27491.46 of the Government Code is amended to read:
27491.46.
(a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent.
(b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section.
Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code.
SEC. 5.
Section 27491.47 of the Government Code is amended to read:
27491.47.
(a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met:
(1) The autopsy has otherwise been authorized.
(2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following:
(A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness.
(B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue.
(C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift.
The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years.
(3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy.
(4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician.
(5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes.
(b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section.
(c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code).
SEC. 6.
Section 27520 of the Government Code is amended to read:
27520.
(a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased.
(b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased.
(c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed.
SEC. 7.
Section 27522 is added to the Government Code, to read:
27522.
(a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.
(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.
(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.
(d) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.
(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.
(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.
(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.
(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.
(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.
(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes.
SEC. 8.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law imposes certain requirements on a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains. Existing law requires the coroner to perform an autopsy pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. Existing law authorizes the board of supervisors of a county to consolidate the duties of certain county offices in one or more of specified combinations, including, but not limited to, sheriff and coroner, district attorney and coroner, and public administrator and coroner. Existing law authorizes the board of supervisors of a county to abolish the office of coroner and provide instead for the office of medical examiner, as specified, and requires the medical examiner to be a licensed physician and surgeon duly qualified as a specialist in pathology. This bill would require that a forensic autopsy, as defined, be conducted by a licensed physician and surgeon. The bill would require that the results of a forensic autopsy be determined by a licensed physician and surgeon. The bill would require the manner of death to be determined by the coroner or medical examiner of a county. The bill would authorize trained county personnel who are necessary to the performance of an autopsy to take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent at the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon. The bill would require, if a licensed physician and surgeon conducts a forensic autopsy, the coroner or medical examiner to consult with the licensed physician and surgeon in the determination of the manner of death. The bill would require the coroner to conduct an evaluation pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. The bill would require, for health and safety purposes, that all persons in the autopsy suite be informed of the risks presented by bloodborne pathogens and be informed that they should wear personal protective equipment, as specified. The bill would require that only individuals who are directly involved in the investigation of the death of the decedent be allowed into the autopsy suite but would permit individuals to be in the autopsy suite for educational and research purposes at the discretion of the coroner, in consultation with any licensed physician and surgeon conducting an autopsy. The bill would prohibit law enforcement personnel directly involved in the death of an individual who died due to involvement of law enforcement activity from being involved with any portion of the postmortem examination or being inside the autopsy suite during the performance of the autopsy. The bill would define a postmortem examination for this purpose to be the external examination of the body where no manner or cause of death is determined. The bill would require specified materials that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity to be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. The bill would specify that these provisions shall not be construed to limit the practice of an autopsy for educational or research purposes. By imposing additional duties upon local officials and law enforcement agencies, this bill would create 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. The bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Sections 27491.4, 27491.41, 27491.43, 27491.46, 27491.47, and 27520 of, and to add Section 27522 to, the Government Code, relating to autopsies.


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

SECTION 1.
Section 30315 of the Public Resources Code is amended to read:
30315.
(a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public.
(b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division.
(c) Commencing on or before July 1, 2017, the commission also shall provide
for
public
access to
participation at
all commission meetings via telephone and
video conferencing.
the Internet. Participation
shall include real
-time testimony during public comment.
SEC. 2.
Section 30321 of the Public Resources Code is amended to read:
30321.
(a) For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission.
(b) Commission staff shall include in the executive summary section of a staff report
a list of
references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction, including information about how to locate copies of those
materials.
materials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision
.
SEC. 3.
Section 30322 of the Public Resources Code is amended to read:
30322.
(a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.
(b) The following communications are not ex parte communications:
(1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person.
(2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date.
(3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency.
(4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency.
(5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity.
(6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission.
(7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission.
This paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission.
(8) Any project site visit conducted pursuant to subdivision (b) of Section 30324.
SEC. 4.
Section 30324 of the Public Resources Code is amended to read:
30324.
(a) No commission member, nor any interested person, shall intentionally conduct either of the following:
(1) An ex parte communication on a matter within the commission’s jurisdiction, as defined by Section 30321.
(2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.
(b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff.
(c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing.
(2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies.
(d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication.
(ii) The identity of the person on whose behalf the communication was made.
(iii) The identity of all persons present during the communication.
(C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication.
(2) The executive director shall place in the public record any report made pursuant to this section.
SEC. 5
Section 30327.2 is added to the Public Resources Code, to read:
30327.2.
(a) The commission shall adopt, at a duly noticed public hearing, a
board
policy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission
staff.
staff, including, but not limited to, the contents of staff reports.
(b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission.
(c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission.
(d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation.

Summary: The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. This bill would require the commission, commencing on or before July 1, 2017, to also provide for public access to participation at all commission meeting meetings via telephone and video conferencing. the Internet, as prescribed. The bill would require the commission to include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction. For purposes of the act, an “ex parte communication” is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission’s jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.

An act to amend Sections 30315, 30321, 30322, and 30324 of, and to add Section 30327.2 to, the Public Resources Code, relating to the California Coastal Commission.


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

SECTION 1.
Section 5273.1 is added to the Business and Professions Code, to read:
5273.1.
(a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions:
(1) The advertising display is located within the boundary limits of the City of Inglewood.
(2) The advertising display was constructed on or before January 1, 2012.
(3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard.
(4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood.
(b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department.
(c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter.
(d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department.
(e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section.
SEC. 2.
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. 3.
Due to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.

Summary: Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. A violation of the act is a crime. The act also provides that an advertising display advertising businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. This bill would authorize under similar provisions the advertising of businesses or activities operating outside a redevelopment project area but within the boundaries of the City of Inglewood. The bill would impose certain duties on the City of Inglewood regarding advertising displays. By increasing the level of service provided by the city, the bill would impose a state-mandated local program. The bill would also make findings and declarations as to the need for a special statute relating to the City of Inglewood. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Section 5273.1 to the Business and Professions Code, relating to outdoor advertising.


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

SECTION 1.
Section 25417.5 of the Public Resources Code is amended to read:
25417.5.
(a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following:
(1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies.
(2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code.
(3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions.
(4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission.
(b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents.
(c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter.
(d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws.
SEC. 2.
Section 25421 of the Public Resources Code is amended to read:
25421.
(a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date.
(b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund.
(c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund.
(d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund.

Summary: Existing law requires the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account in the General Fund, to provide grants and loans, until January 1, 2018, to schools, hospitals, public care institutions, and local governments to maximize energy use savings. For this purpose, existing law authorizes the commission, among other things, to borrow moneys from specified entities, including the California Infrastructure and Economic Development Bank, as specified, and pledge specified loans or the principal and interest payments on those loans to provide collateral in connection with those borrowed moneys. Existing law also authorizes the commission to enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is making those pledges. This bill would extend the operation of all of those provisions to January 1, 2028, and would thereby make an appropriation by extending the time during which the funds deposited in a continuously appropriated account are made available for expenditure. The bill would authorize the commission to pledge collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The bill would also expressly authorize the commission to enter into pledge agreements pursuant to which the commission is pledging collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank.

An act to amend Sections 25417.5 and 25421 of the Public Resources Code, relating to energy, and making an appropriation therefor.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) In order to create a statewide disaster preparedness, response, and recovery system and to facilitate the reach of local services to vulnerable populations, this act is established to expand 2-1-1 services to all areas of California that do not currently have access to this vital service.
(2) 2-1-1 service is a free, accessible, three-digit telephone number that gives everyone in covered areas access to needed community services. First established in 2005, 2-1-1 service now covers 38 California counties. It is available 24 hours a day, seven days a week, allowing residents to access information about health and human services, emergency care, crisis intervention, and disaster preparedness, response, and recovery when they need it most.
(3) 2-1-1 service is a natural hub for disaster-related information and plays a critical role during emergencies and disasters, such as fires, floods, earthquakes, terrorist attacks, and epidemics, reducing nonemergency call volume on 9-1-1 lines, which frees up emergency responders to deal with true life-or-death situations, thus leveraging local public safety resources.
(4) 2-1-1 service also increases the reach of government, nonprofit, and community programs by offering callers information on and access to a variety of health and human services, rent and utility assistance, physical and mental health resources, employment opportunities, support for older Americans and persons with disabilities, and support for families with special needs.
(5) 2-1-1 service call centers are staffed with highly trained specialists who have expertise in navigating the web of health and human services in a particular community and who have up-to-date information and guidance for callers in times of disaster.
(6) 2-1-1 service call center specialists are able to answer calls in over 150 different languages; they are able to provide critical health information to otherwise hard-to-reach ethnic populations.
(7) Twenty rural counties in California currently do not have access to 2-1-1 services, creating holes in referral services and disaster response capability.
(b) It is the intent of the Legislature, in enacting this act, to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to the information and referrals they need.
(c) It is the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available 2-1-1 telephone service.
SEC. 2.
Section 280 of the Public Utilities Code is amended to read:
280.
(a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994.
(b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval.
(c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund.
(d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund.
(e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied:
(1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys.
(2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase.
(f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003.
(g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response.
(2) This subdivision shall become inoperative on January 1, 2023.

Summary: Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The Federal Communications Commission (FCC), pursuant to its existing authority over the North American Numbering Plan, has established several abbreviated dialing codes, including designating the number 9-1-1 for persons to dial to obtain emergency services, designating the number 3-1-1 for persons to dial for nonemergency police assistance, and designating the number 2-1-1 for persons to dial to obtain information about, and referral to, community social services. Pursuant to authority delegated by the FCC to state regulatory bodies and its existing statutory authority, the Public Utilities Commission has established procedures for implementing 2-1-1 dialing in California. This bill would state the intent of the Legislature to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to information and referrals they need. The bill would additionally state the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available telephone service. Existing law requires the commission to develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, hospitals, health clinics, and community organizations. Existing law requires that all revenues collected by telephone corporations in rates authorized by the commission to fund this program be deposited in the California Teleconnect Fund Administrative Committee Fund. Existing law provides that moneys in the fund are held in trust and may be expended only upon appropriation in the annual Budget Act or upon supplemental appropriation and requires that all moneys appropriated to the commission from the fund be used exclusively for the program. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, the bill would, until January 1, 2023, authorize the commission to expend up to $1,500,000 from the fund to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service.

An act to amend Section 280 of the Public Utilities Code, relating to telecommunications.


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

SECTION 1.
The heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code is amended to read:
Article  1.5. Best Value Construction Contracting Pilot Program
SEC. 2.
Section 10506.4 of the Public Contract Code is amended to read:
10506.4.
(a) This article provides the Best Value Construction Contracting Pilot Program for the Regents of the University of California for projects over one million dollars ($1,000,000).
(b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids.
(c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection.
(d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5.
(e) If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder.
SEC. 3.
Section 10506.5 of the Public Contract Code is amended to read:
10506.5.
For purposes of this article, the following definitions apply:
(a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
(b) “Best value contract” means a contract entered into pursuant to the provisions of this article.
(c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.
(d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity.
(e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance.
(f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects.
(g) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work.
(h) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity.
(i) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.
(j) “University” means all locations of the University of California.
SEC. 4.
Section 10506.8 of the Public Contract Code is repealed.
SEC. 5.
Section 10506.9 of the Public Contract Code is amended to read:
10506.9.
This article shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 6.
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, through January 1, 2017, a pilot program for the Regents of the University of California to contract for certain types of projects on the university of the University of California based on the best value procedures, as specified. Existing law defines the term “university” to mean the campuses of the University of California, including the medical centers. The law requires, on or before January 1, 2016, the Regents of the University of California to report to specific committees of the Legislature regarding the pilot program, including, among other information, a description of the projects awarded using the best value procedures. This bill would extend the provisions of the pilot program until January 1, 2018, and would repeal the reporting requirement. This bill would modify the definition of the term “university” to mean all locations of the University of California. By extending the requirement that bidders verify specified information under oath, this bill would impose a state-mandated local program by expanding the scope of an existing crime. 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 Sections 10506.4 and 10506.5 of, to amend the heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of, and to repeal Sections 10506.8 and 10506.9 of, the Public Contract Code, relating to public contracts.


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

SECTION 1.
Section 12814.6 of the Vehicle Code is amended to read:
12814.6.
(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:
(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state.
(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.
(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education.
(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.
(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.
(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:
(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B)
Schooling
School
or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the
schooling
school
or school-authorized activity will have been completed.
(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i).
(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i).
(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends.
(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes.
(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date.
(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.
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, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver’s license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p. m. and 5 a. m. and transporting passengers who are under 20 years of age, unless he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances, including a schooling school or school-authorized activity or an employment necessity, and requires the licensee to keep certain supporting documentation in his or her possession. A violation of these provisions is punishable as an infraction. This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program from 16 to under 18 years of age to 16 to under 21 years of age. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would authorize a licensee who is 18, 19, or 20 years of age to keep in his or her possession a copy of his or her class schedule or work schedule as documentation to satisfy the exceptions for schooling a school or school-authorized activity and employment necessity, respectively, and would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and the operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member. The bill would make other technical and conforming changes. 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 12814.6 of the Vehicle Code, relating to driver’s licenses.