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

SECTION 1.
Section 27375 of the Vehicle Code is amended to read:
27375.
(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards.
(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2017.
(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle.
(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle.
(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol.
(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the following:
(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section.
(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary.
(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013.
(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.
SEC. 2.
Section 34500.4 of the Vehicle Code is amended to read:
34500.4.
(a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
(b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine.
(2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties.
(B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department.
(5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations.
(c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division.

Summary: Existing law, on and after January 1, 2016, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with at least 2 rear side doors and one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency, as specified. Under this bill, the requirement that those modified limousines be equipped with one or 2 rear windows would instead apply on and after January 1, 2017. The bill would make other nonsubstantive changes to these provisions. Existing law requires, not later than July 1, 2016, the Department of the California Highway Patrol to implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to the Public Utilities Act or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act. This bill would extend the operative date of the safety inspection program to July 1, 2017.

An act to amend Sections 27375 and 34500.4 of the Vehicle Code, relating to modified limousines.


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

SECTION 1.
Section 25503.6 of the Business and Professions Code is amended to read:
25503.6.
(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions:
(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following:
(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County.
(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County.
(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County.
(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County.
(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County.
(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County.
(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County.
(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County.
(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County.
(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County.
(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County.
(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County.
(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood.
(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara.
(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium.
(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County.
(Q) An outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San
Diego.
Diego, as follows:
(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license.
(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser.
(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium.
(R) An outdoor stadium with a fixed seating capacity of at least 70,000 seats located in the City of
Inglewood.
Inglewood, as follows:
(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license.
(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser.
(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium.
(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district.
(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex.
(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time.
(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following:
(1) The on-sale licensee.
(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium.
(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the Cities of San Diego and Inglewood.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure the fair and efficient application of the alcoholic beverage control licensing laws with respect to eligible facilities in the Cities of San Diego and Inglewood, it is necessary that this act take immediate effect.

Summary: Existing law generally prohibits various licenseholders from providing money or any other thing of value to a person owning or operating an on-sale premises where alcoholic beverages are served, subject to specified exceptions. Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits rectifier, a distilled spirits manufacturer, and a distilled spirits manufacturer’s agent, agent to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. Existing law makes it a misdemeanor to coerce or solicit licensees in connection with these provisions, as specified. This bill would expand the facilities to which the exception described above would apply to include outdoor stadiums with specified seating capacities located in the Cities of San Diego and Inglewood. Inglewood, as provided. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of San Diego and Inglewood. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 42 is added to the Revenue and Taxation Code, to read:
42.
(a) Where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, any person who paid that tax, fee, assessment, surcharge, or other amount may file with the tax agency a claim for refund of the amount so paid in accordance with this section and the tax agency shall refund the amount so paid.
(b) Notwithstanding subdivision (a), a person who has paid to the tax agency a tax, fee, assessment, surcharge, or other amount described in subdivision (a) that filed a claim for refund prior to the effective date of the act adding this section that the tax agency has not refunded before that date shall be refunded by the tax agency to the person in accordance with the provisions of this section. The act adding this section shall not be construed to require refiling of those previously filed claims for refund.
(c) Notwithstanding any other law relating to the limitations period for filing a claim for refund, this section shall apply to any claims for refund of any amounts described in subdivision (a) paid to the tax agency.
(d) A claim for refund for any amounts described in subdivision (a) shall be filed within one year after the date upon which the court decision described in subdivision (a) becomes final and nonappealable.
(e) Interest shall be paid on the refunds provided by this section in accordance with applicable provisions of this code related to the tax, fee, assessment, surcharge, or other amount subject to refund.
(f) For the purposes of bringing an action against the tax agency for recovery of the whole or any part of the amount claimed as an overpayment of an amount described in subdivision (a), the period for filing such action provided in this code and applicable to the tax, fee, assessment, surcharge, or other amount, shall not commence until the one-year claim period provided in subdivision (d) has expired pursuant to the terms of this section. Suits for refund shall be brought in accordance with the applicable provisions in this code.
(g) When information in the tax agencies’ records is sufficient to identify the person that paid an amount described in subdivision (a), and the person’s current address, the date of payment, and the amount paid, the tax agency shall refund that amount. The person shall not be required to file a claim for refund.
(h) Except as provided in Chapter 4 (commencing with Section 7275) of Part 1.6, this section shall apply to the tax, fee, assessment, surcharge, or other amount paid to the tax agency and collected or levied pursuant to applicable provisions of this code.
(i) Upon appropriation by the Legislature, the amounts necessary to make refunds pursuant to this section shall be allocated to the applicable tax agency.
(j) For purposes of this section, “tax agency” includes the board and the Franchise Tax Board.
SEC. 2.
Section 5148 of the Revenue and Taxation Code is amended to read:
5148.
Notwithstanding Section 5140, an action to recover taxes levied on state-assessed property arising out of a dispute as to an assessment made pursuant to Section 721, including a dispute as to valuation, assessment ratio, or allocation of value for assessment purposes, shall be brought under this section. In any action brought under this section, the following requirements shall apply:
(a) The action shall be brought by the state assessee. There shall be a single complaint with all parties joined therein with respect to disputes for any year.
(b) The action shall name the board and the county or counties. When a county is named which collected taxes on behalf of a city or cities, the county shall give notice of that action to the city or cities within 30 days of receipt of advice from the board of the action. A fee shall be payable by the state assessee in an amount prescribed by the court to cover the reasonable costs incurred by a county or counties in giving that notice. Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action. Whether or not a city intervenes in the action, any judgment rendered for an assessee shall be entered exclusively against the county; however, the county shall be entitled to recover separately from the city or cities and other tax entities those taxes collected by the county on behalf of the city or cities and other tax entities which are subject to refund to the assessee as the result of the judgment. Payment to the taxpayer upon the judgment and any interest thereon may be deferred by the county until the apportionment of property tax revenue next following the date of the judgment, or as the county and the taxpayer may otherwise agree. Interest shall accrue during any deferral period unless the county and taxpayer otherwise agree. The county may if it chooses to do so offset the amount of the judgment and interest recoverable by it from the city or cities and other tax entities against amounts held in the county treasury therefor or against amounts due and payable thereto, including, but not limited to, property tax apportionments. The amount of the fee required by this section shall not be recoverable by the assessee in the action and no judgment entered in the action in favor of the assessee shall provide for the recovery of the fee.
As used in this section, “county” includes a city and county.
(c) Service of the summons and complaint shall be only upon the board. The board shall serve as agent of the defendant county or counties for the purpose of service of process. A fee shall be payable by the state assessee in an amount prescribed by the court to cover all reasonable costs incurred by the board while acting in its capacity as agent for the defendant counties.
(d) Venue of the action shall be in any county in which the Attorney General of California has an office or in which the state assessee has a significant presence.
(e) The action shall be limited in the case of valuation and allocation disputes to the grounds specified in the following:
(1) A petition for reassessment filed under Section 741, or any proceeding thereon.
(2) A petition for correction of allocated assessment filed under Section 747, or any proceeding thereon.
(f) A timely filed petition for reassessment or petition for correction of allocated assessment shall constitute a claim for refund if the petitioner states in the petition it is intended to so serve.
(g)
The
Except as otherwise provided in subdivision (j), the
action shall be commenced only after payment of the taxes in issue and within four years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions on the following:
(1) A petition for reassessment filed under Section 741 and intended to constitute a claim for refund.
(2) A petition for correction of allocated assessment filed under Section 747 and intended to constitute a claim for refund.
(h) The action shall not be joined with any action filed under Section 5140.
(i) Any refund of tax overpayments and any interest thereon, determined in any action brought under this section to be due shall be made by the defendant county or counties.
(j) Where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action shall commence no later than one year from the date the court rendered that decision.
SEC. 3.
The Legislature finds and declares that the refunds allowed to persons by this act with respect to taxes, fees, assessments, surcharges, or other amounts levied or collected by the Franchise Tax Board or the State Board of Equalization, as applicable, that have been determined to be illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Summary: The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law and the State Board of Equalization administers the Sales and Use Tax Law and various other tax and fee laws. Counties, cities, and districts, as specified, are authorized to impose local sales or transactions and use taxes in conformity with the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local laws. Those laws generally require a claim for refund to be filed within specified timeframes based on the date of overpayment or specified board action if any amount has been overpaid, as specified. Under those laws, the rule of res judicata, which provides that a matter that has been adjudicated by a court of competent jurisdiction may not be pursued further by the same parties is applicable only if the liability involved is for the same reporting period as was involved in the case previously determined. This bill would, notwithstanding existing law regarding the rule of res judicata, where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency, which this bill would define to include the board and the Franchise Tax Board, has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, authorize any person who paid that tax, fee, assessment, surcharge, or other amount to file with the tax agency a claim for refund, within one year after the date of the final and nonappealable decision and would require the tax agency to refund the amount so paid. This bill would also require the tax agency to refund these amounts without the person filing a claim for refund when information in the tax agencies’ records is sufficient to identify the person. This bill would, upon appropriation by the Legislature, allocate the amounts necessary to make these refunds to the applicable tax agency. Existing law requires an action to recover property taxes levied on state-assessed property arising out of a dispute as to an assessment to be commenced only after payment of the taxes in issue and within 4 years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions, as provided. This bill would instead require, where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action to commence no later than one year from the date the court rendered that decision. This bill would make a legislative finding and declaration regarding the public purpose served by the bill.

An act to amend Section 5148 of, and to add Section 42 to, the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
Section 20588 of the Government Code is amended to read:
20588.
(a) Notwithstanding any other provision of this article, the board may, pursuant to this section and Section 31657, enter into an agreement with the board of retirement of a county maintaining a county retirement system, for termination of participation of a public agency whose contract has been in effect for at least five years in this system or the state with respect to certain safety members who have ceased to be employed by the public agency or the state and have been employed by a county, fire authority, or district as a result of a transfer of firefighting or law enforcement functions from the public agency or the state to the county, fire authority, or district and inclusion of the former public agency employees in that county retirement system.
(b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the county system representing the actuarial value of the interests in the retirement fund of the public agency or the state and the transferred employees by reason of accumulated contributions credited to that public agency or the state and the employees transferred. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. The agreement shall apply only to employees who are employed by the county or district on the effective date of the agreement.
(c) All liability of this system with respect to the members transferred under that agreement shall cease and shall become the liability of the county retirement system as of the date of transfer specified in the agreement. Liability of the county retirement system shall be for payment of benefits to transferred employees in accordance with Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3.
(d) Any member transferred who becomes a member of a county retirement system upon that transfer date shall be subject to provisions of this part and of Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the county retirement system during his or her membership in this system.
(e) This section shall apply only in the Counties of Kern, Los Angeles, Orange, and San Bernardino.
SEC. 2.
Section 31657 of the Government Code is amended to read:
31657.
Subject to Section 20588, whenever, as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions performed by a public agency or the state subject to the Public Employees’ Retirement Law, any person ceases to be employed by a public agency or the state and is employed by a county, fire authority, or district in which this chapter has become operative, that person shall become a member of the retirement system of a county immediately upon entering county service. That member of the county retirement system shall be entitled to service credit in the county retirement system for the service for which he or she was entitled to credit in the Public Employees’ Retirement System at the time of cessation of employment by the public agency or the state, without necessity of payment of any additional contributions in respect to that service, when and if all of the following occur:
(a) The board of retirement receives certification from the Board of Administration of the Public Employees’ Retirement System of the service with which the person was entitled to be credited by the Public Employees’ Retirement System at the time of cessation of his or her public agency or state employment.
(b) There is paid into the county retirement fund of the county, an amount equal to the normal contributions of the person to the Public Employees’ Retirement System, together with all interest credited thereto, which amount shall be credited to the individual account of the member in the county retirement system, and shall thereafter for all purposes be deemed to be the member’s contribution to the county retirement system with respect to the service so certified.
(c) There is paid to the retirement system of the county an amount equal to all contributions of the public agency or the state made to the Public Employees’ Retirement System on account of service rendered by the person together with interest credited to the public agency or the state thereto.
(d) The board of retirement elects to apply this section as a prudent means of mitigating against potential adverse financial impact upon the county retirement system from the cost of disability retirements that may be applied for in the future by persons injured while being employed by the county, fire authority, or district after ceasing to be employed by a public agency or the state as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions.
This section shall apply in a county of the first, the second, the seventh, or the fourteenth class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961, and Sections 28023, 28028, and 28035, as amended by Chapter 1204 of the Statutes of 1971.

Summary: Existing law authorizes public agencies to contract with the Board of Administration of the Public Employees’ Retirement System to have their employees become members of the Public Employees’ Retirement System (PERS). Existing law, with respect to the Counties of Kern, Los Angeles, and Orange, permits the board to enter into an agreement with the contracting agency’s board of retirement for termination of the contracting agency’s participation in PERS and inclusion of the agency’s employees in the retirement system of the city or county, if specified requirements are met, with respect to certain safety members, including firefighters. The County Employees Retirement Law of 1937 establishes a corresponding authority for accepting these people as members for retirement systems created pursuant to its provisions, and granting them service credit for their service credited by PERS. This bill would expand the application of the provisions described above to the County of San Bernardino.

An act to amend Sections 20588 and 31657 of the Government Code, relating to public employees’ retirement.


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

SECTION 1.
Section 99580 of the Public Utilities Code is amended to read:
99580.
(a) Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.
(4) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9) (A) Willfully blocking the free movement of another person in a system facility or vehicle.
(B) This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10) Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11) (A) Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Sale or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(c) (1) The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2) For the purpose of this chapter, “processing agency” means either of the following:
(A) The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B) The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3) For the purpose of this chapter, “fare evasion or passenger conduct violation penalty” includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4) For the purpose of this chapter, “public transportation agency” shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution.
(5) All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d) (1) If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A) The violation, including reference to the ordinance setting forth the administrative penalty.
(B) The date and approximate time of the violation, and the location where the violation occurred.
(C) A printed statement indicating the date payment is required to be made.
(D) The procedure for contesting the notice.
(E) A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(2) The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(3) When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(4) If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agency’s data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(5) If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e) In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f) (1) A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2) A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3) If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion
or passenger conduct violation
and make no further attempts to collect the administrative penalty.
(4) A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion
or passenger conduct violation
that sets forth the violation under Section 640 of the Penal Code.
(g) If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1) A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2) The amount of the administrative penalties.
(3) The number and types of citations administered pursuant to the ordinance.
(4) To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5) A discussion of the effect of the ordinance on passenger behavior.
(6) A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or other passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This bill would provide that a person who fails to pay the administrative penalty when due or successfully complete the administrative process to dismiss the notice of fare evasion or passenger misconduct conduct violation may be subject to those criminal penalties. The bill would require the notice of fare evasion or passenger misconduct conduct violation to contain a printed statement that the person may be charged with an infraction or misdemeanor if the administrative penalty is not paid when due or dismissed pursuant to these provisions. The bill would also require the processing agency to dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty if the person is charged with an infraction or misdemeanor after failing to pay the administrative penalty or successfully complete the civil administrative process. The bill would require the processing agency to personally serve the person charged with an infraction or misdemeanor with a new notice of fare evasion or passenger conduct violation that sets forth the criminal violation. Because the bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 99580 of the Public Utilities Code, relating to transportation.


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

SECTION 1.
Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  3.6. Regulatory Reform
Article  1. Findings and Declarations
11366.
The Legislature finds and declares all of the following:
(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses.
(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist.
(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations.
Article  2. Definitions
11366.1.
For the purposes of this chapter, the following definitions shall apply:
(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9.
(b) “Regulation” has the same meaning as provided in Section 11342.600.
Article  3. State Agency Duties
11366.2.
On or before January 1, 2019, each state agency shall do all of the following:
(a) Review all provisions of the California Code of Regulations adopted by that state agency.
(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date.
(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations.
(d) Hold at least one noticed public hearing, which shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations.
(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations.
(f) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations.
(2) The report shall be submitted in compliance with Section 9795 of the Government Code.
11366.3.
(a) On or before January 1, 2019, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency.
(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency.
11366.4.
An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations.
11366.45.
This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits.
Article  4. Chapter Repeal
11366.5.
This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for state agencies to timely complete a full review of regulations by the 2019 deadline, it is necessary that this act take effect immediately.
SECTION 1.
The Legislature finds and declares the following:
(a)In 2013, the United States Department of Housing and Urban Development (HUD) reported that California has nearly 40,000 chronically homeless persons, which is 36 percent of the total chronically homeless population of the United States. This is due in large part to an insufficient amount of affordable housing in California.
(b)HUD also reported that there are over 15,000 homeless veterans in California.
(c)Several studies, including one by the Journal of the American Medical Association, have demonstrated that it is far more cost effective and efficient to provide the homeless with permanent, supportive housing through “rapid rehousing” and “housing first” initiatives. These measures also reduce the cost to governments of funding shelters and emergency services.
SEC. 2.
Chapter 1 (commencing with Section 15290) is added to Part 6.6 of Division 3 of Title 2 of the
Government Code
, to read:
1.
Rapid Rehousing Enhancement Program
15290.
For the purposes of this chapter, the following definitions shall apply:
(a)“Department” means the Department of Housing and Community Development.
(b)“Homeless” has the same meaning as defined in Section 576.2 of Title 24 of the Code of Federal Regulations.
(c)“Enhancement program” means the program established pursuant to this chapter for distributing funds to counties and private nonprofit organizations.
(d)“Private nonprofit organization” has the same meaning as defined in Section 11371 of Title 42 of the United States Code.
15290.5.
(a)Upon appropriation of funds in the annual Budget Act, the department shall establish an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The department shall administer the enhancement program.
(b)The department shall develop guidelines to select four counties or private nonprofit organizations to participate in the enhancement program. Eligible counties and private nonprofit organizations shall include counties and private nonprofit organizations eligible to receive funds from the state pursuant to the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.) with a demonstrated high funding need. The department shall select counties and private nonprofit organizations by giving priority to those counties or private nonprofit organizations with existing rapid rehousing programs that have demonstrated effectiveness in providing rapid rehousing for individuals and veterans of the United States military experiencing homelessness.
(c)Counties and private nonprofit organizations selected to receive funds pursuant to this section shall comply with the reporting requirements as required by the department under state and federal regulations implementing the Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.).
(d)The department shall distribute an equal amount of the money received pursuant to this section each year, less any amount deducted for administrative purposes, to each of the selected counties and private nonprofit organizations.
(e)The department may use up to 5 percent of the money received pursuant to this section for the purpose of administering this chapter.
15291.
This chapter shall remain in effect only until July 1, 2018, and as of that date is repealed.

Summary: Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations. This bill, until January 1, 2020, would require each state agency to, on or before January 1, 2019, review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, revise those identified regulations, as provided, and report to the Legislature and Governor, as specified. This bill would declare that it is to take effect immediately as an urgency statute. Existing federal law, the American Recovery and Reinvestment Act of 2009, allocated, until September 30, 2011, $1.5 billion to the federal Department of Housing and Urban Development for the Homelessness Prevention Fund, to be used for homelessness prevention and rapid rehousing. Existing federal law, known as the Emergency Solutions Grants Program, provides grants to states, local governments, and private nonprofit organizations, as specified, for specified housing assistance activities. Existing law, the California Work Opportunity and Responsibility to Kids Act, provides housing supports to individuals if the administering county determines that the individual or his or her family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being and declares that it is the intent of the Legislature that housing supports utilize evidence-based models, including those established in the federal Department of Housing and Urban Development’s Homeless Prevention and Rapid Re-Housing Program. This bill would require the Department of Housing and Community Development to establish, upon appropriation of funds in the annual Budget Act, an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The bill would require the department to develop guidelines to select 4 counties and private nonprofit organizations to receive these grant funds and require that eligible counties and private nonprofit organizations include those that are eligible to receive funds from the state pursuant to the Emergency Solutions Grants Program with a demonstrated high funding need. The bill would require the department to give priority to counties with existing programs that have demonstrated effectiveness in providing rapid rehousing for homeless individuals and veterans. This bill would require the department to distribute this money equally to each of the selected counties and private nonprofit organizations, less an amount of up to 5 deducted for administrative purposes. The bill would repeal these provisions as of July 1, 2018.

An act to add and repeal Chapter 1 (commencing with Section 15290) of Part 6.6 of Division 3 of Title 2 of the Government Code, relating to housing.
An act to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agency regulations, and declaring the urgency thereof, to take effect immediately
.


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

SECTION 1.
Section 9880.1 of the Business and Professions Code is amended to read:
9880.1.
The following definitions apply for the purposes of this chapter:
(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
(b) “Chief” means the Chief of the Bureau of Automotive Repair.
(c) “Bureau” means the Bureau of Automotive Repair.
(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(e) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services, which the director, by regulation, determines are customarily performed by gasoline service stations.
No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation.
(f) “Person” includes firm, partnership, association, limited liability company, or corporation.
(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, if the employer or dealer repairs motor vehicles and who for salary or wage performs maintenance, diagnostics, repair, removal, or installation of any integral component parts of an engine, driveline, chassis, or body of any vehicle, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades, and other minor accessories; cleaning, replacing fan belts, oil and air filters; and other minor services which the director, by regulation, determines are customarily performed by a gasoline service station.
(h) “Director” means the Director of Consumer Affairs.
(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers.
(j) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(k) Prior to January 1, 2018, the director shall adopt comprehensive regulations defining “minor services” as used in this section.
(l) This section shall remain in effect only until January 1, 2018.
SEC. 2.
Section 9880.1 is added to the Business and Professions Code, to read:
9880.1.
The following definitions apply for the purposes of this chapter:
(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
(b) “Chief” means the Chief of the Bureau of Automotive Repair.
(c) “Bureau” means the Bureau of Automotive Repair.
(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(e) (1) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement, minor services as determined through regulations adopted by the director, and roadside services.
(2) No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. Minor services shall not include the changing of propulsive batteries.
(f) “Person” includes firm, partnership, association, limited liability company, or corporation.
(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, who for salary or wage repairs motor vehicles as set forth in subdivision (e).
(h) “Director” means the Director of Consumer Affairs.
(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers.
(j) “Roadside services” means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by or on behalf of a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code.
(k) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(l) The regulations adopted by the director, prior to January 1, 2018, defining “minor services” for the purposes of this section shall continue in effect on and after January 1, 2018. The director may, thereafter, amend or repeal those regulations, as he or she deems necessary and consistent with this chapter.
(m) This section shall become operative January 1, 2018.
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.
SEC. 4.
This act shall become operative only if Senate Bill 778 of the 2015–16 Regular Session, relating to professions and vocations, is enacted and becomes effective on or before January 1, 2017.

Summary: Existing law, the Automotive Repair Act, the violation of which is a crime, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. Existing law regulates the business of automotive repair and makes it unlawful for any person to be an automotive repair dealer unless registered with the bureau. Existing law defines an automotive repair dealer and an automotive technician as persons who, among other things, repair motor vehicles. Existing law defines the “repair of motor vehicles” to mean all maintenance of, and repairs to, motor vehicles, except repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services. Existing law defines “automotive technician” as a dealer, or a person employed by a dealer, who performs maintenance, diagnostics, repair, removal or installation of specified integral automotive components, but excluding minor services, as set forth above. This bill would require the director to adopt regulations prior to January 1, 2018, defining “minor services” for these purposes. This bill would, until January 1, 2018, include installation of propulsive batteries in the definition of “repair of motor vehicles.” This bill, commencing January 1, 2018, would recast the definition of “repair of motor vehicles” to delete the listing of the various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries, and also would exclude roadside services, as defined. The bill would similarly recast the definition of “automotive technician” to delete these references and to delete provisions describing the specific work to be performed by an automotive technician. The bill, commencing January 1, 2018, would include the services performed by an operator of a tow truck owned or operated by a person or entity enrolled in the Basic Inspection of Terminals program, as specified, in the definition of “roadside services.” This bill would provide that the regulations adopted by the director, prior to January 1, 2018, defining “minor services” continue in effect on and after January 1, 2018. Because the failure of a person installing propulsive batteries to register as a repair dealer or technician with the bureau would constitute 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. The bill would make the operation of its provisions contingent upon the enactment of SB 778 of the 2015–16 Regular Session.

An act to amend, repeal, and add Section 9880.1 of the Business and Professions Code, relating to automotive repair.


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

SECTION 1.
Section 3513 of the Government Code is amended to read:
3513.
As used in this chapter:
(a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state.
(b) “Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit.
(c) (1) “State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.
(2) “State employee” also has the meaning provided by Section 3522.5.
(d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.
(e) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.
(f) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions.
(g) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.
(h) “Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter.
(i) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office.
(j) (1) “State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives.
(2) “State employer,” or “employer,” also has the meaning provided by Section 3522.5.
(k) “Fair share fee” means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization.
SEC. 2.
Section 3522.5 is added to the Government Code, to read:
3522.5.
(a) This chapter shall apply to the Judicial Council and its employees subject to the provisions of this section.
(b) For the purpose of applying this chapter to the Judicial Council and its employees:
(1) “State employee” means an employee of the Judicial Council, except a managerial, supervisory, or confidential employee, or an excluded employee designated pursuant to subdivision (e). “State employee” does not include a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center.
(2) “State employer” or “employer,” for purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council.
(3) References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council.
(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply to the Judicial Council and its employees.
(d) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of Judicial Council.
(e) The Judicial Council has the sole authority and discretion to designate state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this provision shall not exceed one third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.

Summary: Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel. This bill would apply the Dills Act to employees of the Judicial Council, subject to specified exceptions. The bill would define an employee for these purposes as any employee of the Judicial Council, except managerial employees, confidential employees, supervisory employees, and excluded employees, as specified. The bill would grant the Judicial Council the sole authority to designate state employee positions as excluded positions and would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding 13 of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board. The bill would also except from the definition of employee a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.

An act to amend Section 3513 of, and to add Section 3522.5 to, the Government Code, relating to the Judicial Council.


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

SECTION 1.
Section 48900 of the Education Code, as amended by Section 1 of Chapter 660 of the Statutes of 2014, is amended to read:
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)  “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

Summary: Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law further defines “electronic act” as both the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, as specified. This bill would instead, for purposes of pupil suspension or recommendation for expulsion from a school, define “electronic act” as either the creation or transmission of that communication, as specified.

An act to amend Section 48900 of the Education Code, relating to pupils.