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

SECTION 1.
Section 803 of the Penal Code is amended to read:
803.
(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation.
(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A) The crime is one that is described in subdivision (c) of Section 290.
(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2) For purposes of this section, “DNA” means deoxyribonucleic acid.
(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense.
SEC. 1.5.
Section 803 of the Penal Code is amended to read:
803.
(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation.
(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A) The crime is one that is described in subdivision (c) of Section 290.
(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2) For purposes of this section, “DNA” means deoxyribonucleic acid.
(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 803 of the Penal Code proposed by both this bill and Senate Bill 813. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 803 of the Penal Code, and (3) this bill is enacted after Senate Bill 813, in which case Section 1 of this bill shall not become operative.

Summary: Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified. This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 813, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

An act to amend Section 803 of the Penal Code, relating to wrongful concealment.


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

SECTION 1.
Section 120500 of the Health and Safety Code is amended to read:
120500.
As used in the Communicable Disease Prevention and Control Act, defined in Section 27, “sexually transmitted diseases” means diseases that are primarily transmitted through sexual contact.
SEC. 2.
Section 120505 of the Health and Safety Code is amended to read:
120505.
The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of sexually transmitted diseases.
SEC. 3.
Section 120510 of the Health and Safety Code is amended to read:
120510.
The department shall cooperate in the prevention, control, and cure of sexually transmitted diseases with all of the following:
(a) Physicians and surgeons.
(b) Medical schools.
(c) Public and private hospitals, dispensaries, and clinics.
(d) Administrators of public and private elementary and secondary schools and public and private postsecondary educational institutions.
(e) Penal and charitable institutions.
(f) Detention homes.
(g) Federal, state, local, and district health officers, boards of health, and all other health authorities.
(h) Institutions caring for the mentally ill.
(i) Any other persons, institutions, or agencies.
SEC. 4.
Section 120511 is added to the Health and Safety Code, to read:
120511.
(a) To the extent funds are appropriated by the Legislature for these purposes, the department shall allocate funds to local health jurisdictions for sexually transmitted disease outreach, screening, and other core services in accordance, to the extent possible, with the following:
(1) Counties shall be targeted and prioritized based on population and incidence of sexually transmitted diseases.
(2) Funds shall be allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county.
(3) Each recipient county shall demonstrate to the department that the county has done all of the following:
(A) Identified priority target populations.
(B) Satisfactorily described its outreach protocols.
(C) Included community-based partners for outreach, screening, and other core services.
(D) Allocated resources for laboratory costs.
(4) The department shall develop measures for each county funded pursuant to this section to demonstrate accountability.
(b) In awarding funds pursuant to subdivision (a), the department may authorize innovative and impactful outreach, screening, and other core services, including, but not limited to, the following:
(1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies.
(2) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services, and reduce administrative costs.
(3) State-of-the-art testing modalities that ensure swift and accurate screening for sexually transmitted diseases.
(4) Community-based testing and disease investigation.
(c) The department shall monitor activities in funded counties, based on the accountability measures required under paragraph (4) of subdivision (a) in order to assess the effectiveness of outreach, screening, and other core services efforts.
(d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs.
(e) It is the intent of the Legislature that the services identified in this section are to enhance the services that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing services with the services provided for in subdivision (a) or to prevent the department from adding new services as may be appropriate.
SEC. 5.
Section 120515 of the Health and Safety Code is amended to read:
120515.
The department shall investigate conditions affecting the prevention and control of sexually transmitted diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto.
SEC. 6.
Section 120525 of the Health and Safety Code is repealed.
SEC. 7.
Section 120525 is added to the Health and Safety Code, to read:
120525.
The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it.
SEC. 8.
Section 120535 of the Health and Safety Code is amended to read:
120535.
Any state agency conducting a public hospital shall admit acute sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with a sexually transmitted disease may be a menace to public health.
SEC. 9.
Section 120540 of the Health and Safety Code is amended to read:
120540.
The department may require any physician in attendance on a person infected, or suspected of being infected, with a sexually transmitted disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter.
SEC. 10.
Section 120565 of the Health and Safety Code is amended to read:
120565.
If a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the discontinuance, shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere.
SEC. 11.
Section 120575 of the Health and Safety Code is amended to read:
120575.
It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious sexually transmitted diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection.
SEC. 12.
Section 120605 of the Health and Safety Code is amended to read:
120605.
This chapter shall not be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding sexually transmitted diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with a sexually transmitted disease may not engage, shall apply.

Summary: The existing Communicable Disease Prevention and Control Act defines the term “venereal disease” to mean syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. Existing law requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease, and authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease. This bill would delete the term “venereal disease” and would instead use the term “sexually transmitted diseases” (STDs), which would be defined as diseases that are primarily transmitted through sexual contact. The bill would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to local health jurisdictions for STD outreach, screening, and other core services. The bill would target and prioritize the allocation of funds to counties based on population and incidence of STDs and would require the allocation of funds to targeted counties to balance the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. The bill would make specified mandates and accountability measures applicable to the county when providing the outreach, screening, and other core services. This bill would provide that the department, in awarding funds pursuant to these provisions, may authorize innovative and impactful outreach, screening, and other core services, such as voluntary screening of inmates and wards of county adult and juvenile corrections facilities, and use of state-of-the-art testing modalities. The bill would require the department to use the accountability measures developed under the bill in order to monitor the activities funded by the bill and would limit the department’s expenditures on administrative costs to no more than 10 of the funds appropriated by the Legislature for this purpose. The bill would also delete obsolete provisions and make conforming changes.

An act to amend Sections 120500, 120505, 120510, 120515, 120535, 120540, 120565, 120575, and 120605 of, to add Section 120511 to, and to repeal and add Section 120525 of, the Health and Safety Code, relating to sexually transmitted diseases.


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

SECTION 1.
Section 124977 of the Health and Safety Code is amended to read:
124977.
(a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program.
(b) (1) The department shall charge a fee to all payers for any tests or activities performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section.
(2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, so as to initiate the fee collection process at the earliest opportunity.
(3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth, or, for births not occurring in a hospital, to families of the newborn, for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter.
(4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program.
(B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10).
(5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, and shipping of blood samples or their components, and related data management.
(6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities.
(7) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program.
(c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services.
(2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes shall not be subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code, or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program.
(3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policies, procedures, regulations, or manuals authorized by those laws.
(4) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented.
(d) (1) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed.
(2) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department.
(3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program.
SEC. 2.
Section 125001 of the Health and Safety Code is amended to read:
125001.
(a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening.
(b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories.
(c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID.
(d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later.

Summary: Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing. Existing law establishes the continuously appropriated Genetic Disease Testing Fund (GDTF), consisting of fees paid for newborn screening tests, and states the intent of the Legislature that all costs of the genetic disease testing program be fully supported by fees paid for newborn screening tests, which are deposited in the GDTF. Existing law also authorizes moneys in the GDTF to be used for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), and adrenoleukodystrophy (ALD) and exempts the expansion of contracts for this purpose from certain provisions of the Public Contract Code, the Government Code, and the State Administrative Manual, as specified. This bill would require the department to expand statewide screening of newborns to include screening for any disease that is detectable in blood samples as soon as practicable, but no later than 2 years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of this bill, whichever is later. By expanding the purposes for which moneys from the GDTF may be expended, this bill would make an appropriation.

An act to amend Sections 124977 and 125001 of the Health and Safety Code, relating to public health, and making an appropriation therefor.


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

SECTION 1.
Section 6731.1 of the Business and Professions Code is amended to read:
6731.1.
Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:
(a) Locates, relocates, establishes, reestablishes,
or retraces
retraces, or lays out through the use of mathematics or geometric measurements
the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section
6731.
6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6.
(b) Determines the configuration or contour of the earth’s
surface or
surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or
the position of
manmade or natural
fixed objects above, on, or below the surface of earth by applying the principles of
trigonometry or photogrammetry.
mathematics, photogrammetry, or remote sensing.
(c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b).
(d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c).
SEC. 2.
Section 8726 of the Business and Professions Code is amended to read:
8726.
A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:
(a) Locates, relocates, establishes, reestablishes,
or retraces
retraces, or lays out through the use of mathematics or geometric measurements
the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section
6731.
6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6.
(b) Determines the configuration or contour of the earth’s surface,
the benthic surface below water bodies, the measuring for volumetric calculations of earthwork,
or the position of
manmade or natural
fixed objects above, on, or below the surface of the earth by applying the principles of
mathematics or photogrammetry.
mathematics, photogrammetry, or remote sensing.
(c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.
(d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code).
(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.
(f) Geodetic
surveying
or cadastral surveying. As used in this chapter, geodetic surveying means performing
surveys,
surveys by using techniques or methods of three-dimensional geospatial data acquisition
in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the
position
geospatial establishment of three-dimensional positions
of fixed objects, geodetic control points, monuments, or stations by California Coordinate System
coordinates.
coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.
(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).
(h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that he or she practices or offers to practice land surveying in any of its branches.
(i) Procures or offers to procure land surveying work for himself, herself, or others.
(j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.
(k) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.
(l) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in subdivisions (a) to (f), inclusive.
(m) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l).
(n) Renders a statement regarding the accuracy of maps or measured survey data.
Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced.
The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying.
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 8725 of the
Business and Professions Code
is amended to read:
8725.
Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter.
It is unlawful for any person to practice, offer to practice, or represent herself or himself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.

Summary: The Professional Engineers Act and the Professional Land Surveyors’ Act establishes establish the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of professional engineers and land surveyors surveyors, respectively, and requires require any person practicing, or offering to practice, civil engineering or land surveying surveying, respectively, in the state to submit evidence that he or she is qualified to practice and to be licensed under the respective act. Existing law makes it a misdemeanor to practice civil engineering or land surveying without legal authorization. This bill would make a nonsubstantive change to this provision. expand the definitions of civil engineering and land surveying to include laying out through the use of mathematics or geometric measurements the alignment or elevation for specified items, determining the configuration or contour of the benthic surface below water bodies or the measuring for volumetric calculations of earthwork, as specified, and making specified determinations by applying the principles of remote sensing. The bill would also amend the definition of geodetic surveying. By expanding the scope 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 8725
Sections 6731.1 and 8726
of the Business and Professions Code, relating to professions.


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

SECTION 1.
This act shall be known, and may be cited, as “The Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.” The intent of this act is to establish a California occupational research agenda,
increase coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health,
and provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care.
SEC. 2.
Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed.
SEC. 3.
Section 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read:
6354.7.
(a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation
medical and
indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions
(b)
(a), (b),
and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund.
(b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their
representatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services,
representatives
and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements.
(c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience.
(d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication.
(e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories:
(1) Industries on the high hazard list.
(2) Hazards that result in significant worker injuries, illnesses, or compensation costs.
(3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses.
(4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives.
(f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section.
(g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed.
(h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers’ Occupational Safety and Health Education Fund.
SEC. 4.
Section 6354.8 is added to the Labor Code, to read:
6354.8.
In addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall
work in collaboration with:
do both of the following:
(a)
The
Work in collaboration with the
Occupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees.
(b)
The
Through an agreement with the
University of California occupational health centers
affiliated with regional schools of medicine and public health, as
established by Section 50.8,
to increase coordination and collaboration, including providing
provide
training to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations.

Summary: Existing law requires the Commission on Health and Safety and Workers’ Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers’ Occupational Safety and Health Education Fund. Existing law requires the director to levy and collect fees from workers’ compensation insurers for purposes of the program, with the fees to be deposited in the fund. Existing law prohibits the fee assessed against any insurer from exceeding the greater of $100 or a specified percentage of paid workers ’ compensation indemnity amounts for claims reported in the previous year, as specified. Moneys in the fund are available for expenditure for the above purposes upon appropriation by the Legislature. This bill would provide that revise the calculation of the fee described above to also include a specified percentage of paid workers’ compensation medical amounts for claims reported in the previous year and would deposit those additional moneys in the Workers’ Occupational Safety and Health Education Fund may be applied to Fund. The bill would authorize specified collaborative work by the commission in connection with its training and education program. The bill would expand the list of purposes of the training and education program, which would be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP, to increase the number of, and assure continued capacity of, specified organizations to train workers and provide services. The bill would require, as part of WOSHTEP, that the commission collaborate with the Occupational Health Branch of the State Department of Public Health and the University of California occupational health centers affiliated with regional schools of medicine and public health, centers, as specified. The bill would repeal duplicative provisions. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

An act to add Section 6354.8 to, and to repeal and amend Section 6354.7 of, the Labor Code, relating to occupational safety and health.


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

SECTION 1.
Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read:
CHAPTER  9.7. Alcohol and Drug Counseling Professionals
Article  1. Administration
4450.
For purposes of this chapter the following definitions apply:
(a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452.
(b) “Department” means the Department of Consumer Affairs.
(c) “Director” means the Director of Consumer Affairs.
4451.
(a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director.
(2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties.
(B) The chief shall serve at the pleasure of director.
(3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe.
(b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature.
4452.
Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
4453.
The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
4454.
The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations.
Article  2. Licensing
4455.
(a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau.
(b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following:
(1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education.
(2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services.
(3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity.
(4) Has documented to the certifying organization that the applicant has completed all of the following courses:
(A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects:
(i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior.
(ii) Damage to the body and behaviors.
(iii) Damage to the brain, liver, and other organs.
(iv) Tolerance, cross tolerance, and synergistic effects.
(v) Physiological differences between males and females.
(vi) Disease model, including neurobiological signs and symptoms.
(B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects:
(i) Initial interviewing process.
(ii) Biopsychosocial assessment.
(iii) Differential diagnosis.
(iv) Diagnostic summaries.
(v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program.
(C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects:
(i) Introduction to counseling.
(ii) Introduction to techniques and approaches.
(iii) Crisis intervention.
(iv) Individual counseling focused on addiction.
(v) Group counseling.
(vi) Family counseling as it pertains to addiction treatment.
(D) Three semester units, or the equivalent, in case management, including all of the following subjects:
(i) Community resources.
(ii) Consultation.
(iii) Documentation.
(iv) Resources for persons who are HIV positive.
(E) Three semester units, or the equivalent, of client education, including all of the following subjects:
(i) Addiction recovery.
(ii) Psychological client education.
(iii) Biochemical and medical client education.
(iv) Sociocultural client education.
(v) Addiction recovery and psychological family education.
(vi) Biomedical and sociocultural family education.
(vii) Community and professional education.
(F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects:
(i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation.
(ii) Community involvement.
(iii) Operating a private practice.
(G) Three semester units, or the equivalent, of supervised fieldwork.
(5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459.
4456.
(a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455.
(b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period.
4457.
(a) A license for an alcohol and drug counselor shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.
(b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency.
(c) The department may revoke a license issued pursuant to this chapter if either of the following occurs:
(1) The licensee loses his or her credential granted by the certifying organization.
(2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph.
4458.
The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200).
4459.
(a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant.
(b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor.
(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.
(2) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following:
(A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(B) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.
(D) Granting the waiver will not endanger the public health, safety, or welfare.
(E) The applicant has not been convicted of a felony sexual offense.
Article  3. Construction of Chapter
4460.
(a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017.
(b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter.

Summary: Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use. This bill, among other things, would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill would prohibit any a person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the State Department of Health Care Services bureau and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require that the license fee the bureau to establish the fees for an original initial alcohol and drug counselor license and the license a renewal fee be license in an amount reasonably related to the department’s bureau’s actual costs in performing its duties under this part, duties, but to not exceed $200. This bill would require the department bureau to ensure that review the state and federal level criminal history of the applicant is reviewed before issuing a license, and the department bureau would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the department’s bureau’s determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided.

An act to add
Part 6.5
Chapter 9.7
(commencing with Section
1179.80)
4450)
to Division
1 of,
2 of
the
Health
Business
and
Safety
Professions
Code, relating to alcohol and drug counselors.


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

SECTION 1.
Section 7282.5 is added to the Revenue and Taxation Code, to read:
7282.5.
(a) For purposes of this section, the following terms have the following meanings:
(1) “Collecting platform” means a platform that elects to assume the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator, the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator.
(2) “Collecting jurisdiction” means a city, county, or city and county that elects to retain the responsibility for collecting a tax levied pursuant to an ordinance adopted pursuant to this chapter directly from operators, rather than having a collecting platform collect and remit the tax on an operator’s behalf pursuant to subdivision (b).
(3) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use.
(4) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform.
(b) On and after July 1, 2017, every collecting platform shall collect on behalf of an operator the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on every rental transaction that is facilitated by the collecting platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is not located within a collecting jurisdiction. The collecting platform shall remit the amount to the city, county, or city and county that levied the tax pursuant to applicable requirements of local ordinances governing the tax.
(c) (1) On or before March 1, 2017, the Controller shall develop and publicly notice both of the following:
(A) Procedures that a platform shall use to notify the Controller if the platform elects to become a collecting platform.
(B) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to become a collecting jurisdiction.
(2) The Controller shall also develop and publicly notice both of the following:
(A) Procedures that a collecting platform shall use to notify the Controller if the collecting platform discontinues its election to become a collecting platform.
(B) Procedures that a collecting jurisdiction shall use to notify the Controller if the collecting jurisdiction discontinues its election to become a collecting jurisdiction.
(d) (1) On or before April 30, 2017, a platform may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election.
(2) On or before April 30, 2017, a city, county, or city and county may elect to become a collecting jurisdiction by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the city’s, county’s, or city and county’s election. The legislative body of the city, county, or city and county shall approve the notice in a public hearing before submitting the notice to the Controller.
(3) An election made pursuant to this subdivision is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to subdivision (f).
(4) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt, but in no event later than May 31, 2017.
(e) On or after July 1, 2017, a platform that did not elect to become a collecting platform pursuant to subdivision (d) may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. An election made pursuant to this subdivision is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to subdivision (f). The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt.
(f) (1) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting platform may elect to discontinue its status as a collecting platform by using the procedures developed pursuant to paragraph (2) of subdivision (c) to notify the Controller of the collecting platform’s election.
(2) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting jurisdiction may elect to discontinue its status as a collecting jurisdiction, or a city, county, or city and county may elect to become a collecting jurisdiction, by using the procedures developed pursuant to subdivision (c) to notify the Controller of the collecting jurisdiction’s or city’s, county’s, or city and county’s election.
(3) An election made pursuant to this subdivision is effective on July 1, 2020 or, if the election is submitted on or before June 30 of an odd-numbered year thereafter, July 1 of the first even-numbered year after the election, whichever is later.
(g) (1) Commencing on January 1, 2017, and by December 31 of each year thereafter, the Controller shall review or audit a collecting platform’s collection and remittance of tax revenue pursuant to subdivision (b). For each collecting platform reviewed or audited, the Controller shall submit a report to each city, county, or city and county in which the collecting platform collected and remitted taxes. The report shall contain a description of the review or audit findings and identify any errors in the collection and remittance of tax revenues within each city, county, or city and county that were determined as a result of the review or audit. The audit or review shall not reveal any personally identifiable taxpayer or operator information, including, but not limited, to a taxpayer’s or operator’s name and property address.
(2) It is unlawful for the Controller, any person having an administrative duty under this section, or any person who obtains access to information contained in, or derived from, any audit or review, report, or other records of the Controller pursuant to this section, to make known in any manner whatever the business affairs, operations, or any other information pertaining to any platform or any other person required to provide information subject to audit or review to the Controller or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such information provided to the Controller, or to permit any audit or review or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person.
(3) When requested by a city, county, or city and county that is not a collecting jurisdiction, the Controller shall permit any duly authorized officer or employee of that city, county, or city and county to examine the records of the Controller pertaining to the audit or review of collections by a platform within that city, county, or city and county. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that city, county, or city and county to examine any records of any platform. Information obtained by examination of Controller records as permitted in this paragraph shall be used only for purposes related to the collection of local transient occupancy tax.
(4) If the Controller believes that any information obtained pursuant to paragraph (3) has been disclosed to any person or has been used for purposes not permitted by paragraph (3), then notwithstanding paragraph (3), the Controller may impose conditions on access to the Controller’s records that the Controller considers reasonable in order to protect the confidentiality of those records.
(5) A platform, city, county, or city and county may appeal any findings identified in a review or audit report submitted pursuant to paragraph (1) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issued appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal.
(6) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to paragraph (1) from the collecting platform that was audited or reviewed.
(h) Unless the platform and the city, county, or city and county mutually agree to terminate the agreement, all of the following shall apply to a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of any tax levied pursuant to this chapter:
(1) The platform and the city, county, or city and county shall continue to be bound by the agreement and any election made by the platform or the city, county, or city and county pursuant to this section shall not be effective as to any other party to the agreement.
(2) The platform and the city, county, or city and county shall notify the Controller of the agreement.
(3) The platform’s collection or remittance of taxes levied pursuant to this chapter pursuant to the agreement shall not be subject to review or audit by the Controller pursuant to subdivision (g).
(i) A collecting platform that complies with review or audit parameters established by the Controller pursuant to this section shall not be required to provide to any local jurisdiction, including a collecting jurisdiction, personally identifiable information relating to operators using the collecting platform, or concerning transactions facilitated in the local jurisdiction by the collecting platform.
(j) This section does not limit the existing authority of a local jurisdiction to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the jurisdiction, provided that the requirements do not discriminate against transactions facilitated through a platform.
SEC. 2.
The Legislature finds and declares that providing short-term rental online platforms with uniform transient occupancy tax administration requirements will establish a level playing field among all providers and decrease the cost of complying with statutory collection and remittance requirements, and is therefore a matter of statewide concern and shall apply to charter cities, charter counties, and charter cities and counties.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the 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 findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Limiting disclosure of records obtained or generated by the Controller or a city, county, or city and county pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the confidentiality of taxpayer information and ensuring that this information is not used for improper purposes.
SEC. 4.
The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
The preservation of the confidentiality of taxpayer information is furthered by ensuring that cities, counties, and cities and counties do not disclose information contained in, or derived from, any audit or review conducted by the Controller of a platform’s collection and remittance of transient occupancy taxes.
SECTION 1.
Section 53051 of the
Government Code
is amended to read:
53051.
(a)Within 50 working days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts:
(1)The full, legal name of the public agency.
(2)The official mailing address of the governing body of the public agency.
(3)The name and residence or business address of each member of the governing body of the public agency.
(4)The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency.
(b)Within 10 working days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State.
(c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.

Summary: Existing law authorizes a city, county, or city and county to impose a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. This bill, on and after July 1, 2017, would require every platform, as defined, that elects to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of an operator to collect and remit the amount of the tax levied on a rental transaction facilitated by the platform for a unit that is offered for tourist or transient use and is located within a city, county, or city and county that has not elected to retain the responsibility for directly collecting the tax from operators, as specified. The bill would authorize a platform to make its election to assume responsibility, and a city, county, or city and county to make its election to retain responsibility, by notifying the Controller of the election on or before April 30, 2017. The bill would authorize a platform that does not make its election by April 30, 2017, to elect to assume responsibility by notifying the Controller on or after July 1, 2017, and would make this election effective 6 months after the Controller’s receipt of the notification or on the date specified in the notice, whichever is later. The bill would authorize a platform to discontinue an election, and a city, county, or city and county to make or discontinue an election, by notifying the Controller on or before June 30, 2019, or June 30 of any odd-numbered year thereafter, and would make this discontinuance or election effective on July 1, 2020, or July 1 of the first even-numbered year after notification. This bill, commencing on January 1, 2017, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the bill and would prohibit the Controller or any person who obtains access to information contained in, or derived from, the review or audit to disclose information pertaining to any platform or other person required to provide information subject to audit or review, as specified. The bill would provide that a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of transient occupancy taxes are bound by the agreement and are required to notify the Controller of the agreement, that any election made to the Controller by the platform or the city, county, or city and county is not effective as to any other party to the agreement, and that the platform’s collection and remittance of transient occupancy taxes pursuant to the agreement are not subject to audit or review by the Controller pursuant to the bill, unless the platform and the city, county, and city and county mutually agree to terminate the agreement. The California Constitution authorizes a city or county to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. This bill would find and declare that providing short-term rental online platforms with uniform transient occupancy tax administration requirements is a matter of statewide concern, and that the bill therefore applies to charter cities, charter counties, and charter cities and counties. Existing constitutional provisions require that a statute that limits the 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Existing law requires the governing body of each public agency, as defined, within 70 days after the commencement of its legal existence, to file, with the Secretary of State and the county clerk of each county in which the public agency maintains an office, a statement containing specified information about the public agency and its governing board and officers. Existing law requires, within 10 days after any change in that information, an amended statement to be filed. This bill instead would require the statement to be filed within 50 working days after the date of commencement of an agency legal existence and would require an amended statement to be filed within 10 working days after any change in the information.

An act to
amend Section 53051 of the Government
add Section 7282.5 to the Revenue and Taxation
Code, relating to
local government.
hosting platforms.