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

SECTION 1.
Article 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:
Article  4.5. Right to Try Act
111548.
This article shall be known and may be cited as the Right to Try Act.
111548.1.
For purposes of this article, unless the context otherwise requires, the following definitions shall apply:
(a) “Consulting physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following:
(1) Examines the qualified individual and his or her relevant medical records.
(2) Confirms, in writing, the primary physician’s diagnosis and prognosis.
(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision.
(b) “Eligible patient” means a person who meets all of the following conditions:
(1) Has an immediately life-threatening disease or condition.
(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration.
(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician’s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease.
(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device.
(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf.
(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision.
(c) “Health benefit plan” means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer.
(d) “Immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months.
(e) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration.
(f) “Primary physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act.
(g) “State regulatory board” means the Medical Board of California or the Osteopathic Medical Board of California.
(h) (1) “Written, informed consent” means a written document that has been approved by the primary physician’s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient’s primary physician and a witness that, at a minimum, does all of the following:
(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers.
(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient’s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life.
(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use.
(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition.
(E) Clearly states that the patient’s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device.
(F) Clearly states that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements.
(G) Clearly states that in-home health care may be denied if treatment begins.
(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient’s estate, except as otherwise provided in the patient’s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device.
(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).
111548.2.
(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
(b) A manufacturer may do both of the following:
(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.
(2) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device.
(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code.
(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section.
(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient’s primary physician shall notify the patient of the information from the safety committee of the clinical trial.
(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment.
111548.3.
(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited independent institutional review board.
(b) The physician’s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California:
(1) The number of requests made for an investigational drug, biological product, or device.
(2) The status of the requests made.
(3) The duration of the treatment.
(4) The costs of the treatment paid by eligible patients.
(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers.
(6) Any adverse event for each investigational drug, biological product, or device.
(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.
(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825).
111548.5.
This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.

Summary: Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the United States Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. This bill would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with an immediately life-threatening disease or condition, as specified. The bill would authorize, but not require, a health benefit plan, as defined, to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited institutional review board, and would require the institutional review board to biannually report specified information to the State Department of Public Health, among others. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.

An act to add Article 4.5 (commencing with Section 111548) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices.


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

SECTION 1.
Section 186.2 of the Penal Code is amended to read:
186.2.
For purposes of this chapter, the following definitions apply:
(a) “Criminal profiteering activity” means any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.
(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.
(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in Section 550.
(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.
(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.
(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.
(28) Human trafficking, as defined in Section 236.1.
(29) Any crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(30) Any crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(31) Theft of personal identifying information, as defined in Section 530.5.
(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.
(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.
(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.
(b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a “pattern of criminal profiteering activity” may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.
(c) “Prosecuting agency” means the Attorney General or the district attorney of any county.
(d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph 34 of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.
(e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
SEC. 2.
Section 6007 of the Revenue and Taxation Code is amended to read:
6007.
(a) (1) A “retail sale” or “sale at retail” means a sale for a purpose other than resale in the regular course of business in the form of tangible personal property.
(2) When tangible personal property is delivered by an owner or former owner thereof, or by a factor or agent of that owner, former owner, or factor to a consumer or to a person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, the person making the delivery shall be deemed the retailer of that property. He or she shall include the retail selling price of the property in his or her gross receipts or sales price.
(b) (1) Notwithstanding subdivision (a), a “retail sale” or “sale at retail” shall include a sale by a convicted seller of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that sale, regardless of whether the sale is for resale in the regular course of business.
(2) For purposes of this subdivision, all of the following shall apply:
(A) A “convicted seller” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of sale.
(B) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code.
(C) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.
(D) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.
(E) Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller.
(F) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted seller shall be mailed within one year after the last day of the calendar month following the date of conviction.
SEC. 3.
Section 6009.2 of the Revenue and Taxation Code is amended to read:
6009.2.
(a) Notwithstanding Sections 6008, 6009, and 6009.1, “storage” and “use” each shall include a purchase by a convicted purchaser of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that purchase, regardless of whether the purchase is for resale in the regular course of business.
(b) “Convicted purchaser” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of purchase.
(c) For purposes of this section, Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller.
(d) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code.
(e) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.
(f) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.
(g) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted purchaser shall be mailed within one year after the last day of the calendar month following the date of conviction.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and offenses relating to counterfeit of a registered mark. Existing law also defines organized crime for the purposes of these provisions as including, among other things, specified crimes that are of a conspiratorial nature and are either of an organized nature and seek to supply illegal goods and services or crimes that, through planning and coordination of individual efforts, seek to conduct specified illegal activities. This bill would include within the definition of criminal profiteering activity offenses relating to piracy, and insurance fraud, as specified. The bill would also broaden the definition of organized crime to include pimping and pandering, counterfeiting of a registered mark, piracy of a recording or audiovisual work, embezzlement, securities fraud, grand theft, money laundering, and forgery. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program. Existing law, the Sales and Use Tax Law, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law provides that a “retail sale” or “sale at retail” includes any sale by a convicted seller, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that sale, regardless of whether the sale is for resale in the regular course of business. Existing law provides that “storage” or “use” includes a purchase by a convicted purchaser, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that purchase, regardless of whether the purchase is for resale in the regular course of business. Under this bill, a “retail sale” or “sale at retail” additionally would include any sale by a convicted seller of tangible personal property with a counterfeit label or an illicit label, as specified. The bill similarly would provide that “storage” and “use” additionally would include a purchase by a convicted purchaser of tangible personal property with a counterfeit label or an illicit label, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. The amendments made by this bill would be incorporated into these laws. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 186.2 of the Penal Code, and to amend Sections 6007 and 6009.2 of the Revenue and Taxation Code, relating to criminal profiteering.


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

SECTION 1.
Section 44262.5 of the Education Code is amended to read:
44262.5.
(a) Upon recommendation of the tribal government of a federally recognized Indian tribe in California, the commission shall issue an American Indian language-culture credential to a candidate who has met the following requirements:
(1) (A) For the American Indian language authorization, demonstrated fluency in that tribe’s language based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e).
(B) For the American Indian culture authorization, demonstrated knowledge in that tribe’s culture based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e).
(C) Candidates meeting the requirements of both subparagraphs (A) and (B) shall be granted both the American Indian language and the American Indian culture authorizations.
(2) Successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes.
(3) Submitted an application, fee, and recommendation for the credential to the commission through the federally recognized Indian tribe.
(b) The American Indian language-culture credential shall authorize the holder to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses.
(c) The holder of an American Indian language-culture credential who does not also have a valid teaching credential issued by the State of California shall not teach in a public school, including a charter school, any subject other than the American Indian language, or culture, or both, for which he or she is credentialed.
(d) Each American Indian language-culture credential shall be issued initially for a two-year period and may be renewed for a three-year period upon recommendation of the tribal government. Upon completion of the three-year period, the holder of an American Indian language-culture credential shall be eligible for a clear teaching credential for that language upon application and the recommendation of the tribal government, in consultation with the applicant’s public school employer.
(e) (1) Each federally recognized American Indian tribe is encouraged to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential.
(2) In developing the language assessment, an Indian tribe should determine all of the following:
(A) Which dialects of the tribal language will be included in the assessment.
(B) Whether the Indian tribe will standardize its writing system.
(C) The standard of knowledge and fluency required to qualify for an American Indian language authorization in that tribal language.
(D) Standards for effective teaching methods to be evaluated in the classroom.
(3) In developing the culture assessment, an Indian tribe should determine all of the following:
(A) The candidate’s understanding of the tribe’s culture and its practices, including, but not limited to, ceremonies and traditions, social institutions and relationships, holidays and festivals, health practices and traditions, patterns of work and leisure, and culinary traditions and practices.
(B) The standard of knowledge required to qualify for an American Indian culture authorization in that tribal culture.
(C) Standards for effective teaching methods to be evaluated in the classroom.
(4) The assessment should be administered at an appropriate location that does not create hardship for members of the Indian tribe administering the assessment.
(f) Upon agreement by the tribe, a tribe recommending a candidate for an American Indian language-culture credential shall develop and administer a technical assistance program guided by the California Standards for the Teaching Profession. To the extent feasible, the program shall be offered by teachers credentialed in an American Indian language, or culture, or both, who have three or more years of teaching experience. The technical assistance program may consist of direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, and other assistance intended to enhance the professional performance and development of the teacher of an American Indian language, or culture, or both.
(g) Public school personnel responsible for evaluating teachers, in accordance with local governing board policy, shall provide individuals employed to teach on the basis of the American Indian language-culture credential with information on the teaching personnel evaluation process and the California Standards for the Teaching Profession.
(h) For a candidate who has already received an American Indian languages credential before the effective date of this section, the tribe that recommended the candidate for the American Indian languages credential shall determine if the candidate may add the American Indian culture authorization to the preexisting languages credential, or if the candidate must reapply for the American Indian culture authorization as a new initial credential pursuant to subdivision (a).
SEC. 2.
Section 1 of Chapter 324 of the Statutes of 2009 is amended to read:
Section 1.
The Legislature finds and declares the following:
(a) Teaching American Indian language and culture is essential to the proper education of American Indian children.
(b) Preserving American Indian language and culture is an important part of our national heritage and can be of value to all Americans.

Summary: Existing law authorizes the Commission on Teacher Credentialing, among other things, to establish professional standards, assessments, and examinations for entry and advancement in the education profession. Existing law requires the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian languages credential to a candidate who has demonstrated fluency in that tribal language and met other requirements. This bill would instead require the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian language-culture credential with an American Indian language authorization, or an American Indian culture authorization, or both, to a candidate who has met specified requirements. The bill would authorize the holder of an American Indian language-culture credential to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses, and would make the holder of that credential eligible for a clear teaching credential after 5 years, upon application and the recommendation of the tribal government, as specified. The bill would encourage each federally recognized American Indian tribe to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential with an American Indian language authorization, American Indian culture authorization, or both, as provided.

An act to amend Section 44262.5 of the Education Code, and to amend Section 1 of Chapter 324 of the Statutes of 2009, relating to teacher credentialing.


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

SECTION 1.
Section 125000 of the Health and Safety Code is amended to read:
125000.
(a) (1) It is the policy of the State of California to make every effort to detect, as early as possible, phenylketonuria and other preventable heritable or congenital disorders leading to intellectual disability or physical defects.
(2) The department shall establish a genetic disease unit, that shall coordinate all programs of the department in the area of genetic disease. The unit shall promote a statewide program of information, testing, and counseling services and shall have the responsibility of designating tests and regulations to be used in executing this program.
(3) The information, tests, and counseling for children shall be in accordance with accepted medical practices and shall be administered to each child born in California. The department shall provide information about the tests and shall obtain a signed informational acknowledgment form for the receipt of information by the parent or guardian of a newborn child regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The department shall establish appropriate regulations and testing methods. The information, tests, and counseling for pregnant women shall be in accordance with accepted medical practices and shall be offered to each pregnant woman in California once the department has established appropriate regulations and testing methods. These regulations shall follow the standards and principles specified in Section 124980. The department may provide laboratory testing facilities or contract with any laboratory that it deems qualified to conduct tests required under this section. However, notwithstanding former Section 125005, provision of laboratory testing facilities by the department shall be contingent upon the provision of funding therefor by specific appropriation to the Genetic Disease Testing Fund enacted by the Legislature. If moneys appropriated for purposes of this section are not authorized for expenditure to provide laboratory facilities, the department may nevertheless contract to provide laboratory testing services pursuant to this section and shall perform laboratory services, including, but not limited to, quality control, confirmatory, and emergency testing, necessary to ensure the objectives of this program.
(b) The department shall charge a fee for any tests performed pursuant to this section. The amount of the fee shall be established and periodically adjusted by the director in order to meet the reasonable costs of this section.
(c) The department shall inform all hospitals or physicians and surgeons, or both, of required regulations and tests and may alter or withdraw any of these requirements whenever sound medical practice so indicates. To the extent practicable, the department shall provide notice to hospitals and other payers in advance of an increase in the fees charged for the program.
(d) This section shall not apply if a parent or guardian of a newborn child objects to a test on the ground that the test conflicts with his or her religious beliefs or practices.
(e) The genetic disease unit is authorized to make grants or contracts or payments to vendors approved by the department for all of the following:
(1) Testing and counseling services.
(2) Demonstration projects to determine the desirability and feasibility of additional tests or new genetic services.
(3) To initiate the development of genetic services in areas of need.
(4) To purchase or provide genetic services from any sums as are appropriated for this purpose.
(f) (1) The genetic disease unit shall evaluate and prepare recommendations on the implementation of tests for the detection of hereditary and congenital diseases, including, but not limited to, biotinidase deficiency and cystic fibrosis. The genetic disease unit shall also evaluate and prepare recommendations on the availability and effectiveness of preventative followup interventions, including the use of specialized medically necessary dietary products.
(2) It is the intent of the Legislature that funds for the support of the evaluations and recommendations required pursuant to this subdivision, and for the activities authorized pursuant to subdivision (e), shall be provided in the annual Budget Act appropriation from the Genetic Disease Testing Fund.
(g) Health care providers that contract with a prepaid group practice health care service plan that annually has at least 20,000 births among its membership, may provide, without contracting with the department, any or all of the testing and counseling services required to be provided under this section or the regulations adopted pursuant thereto, if the services meet the quality standards and adhere to the regulations established by the department, the plan pays that portion of a fee established under this section that is directly attributable to the department’s reasonable cost of administering the testing or counseling service and attributable to any required testing or counseling services provided by the state for plan members. The payment by the plan, as provided in this subdivision, shall be deemed to fulfill any obligation the provider or the provider’s patient may have to the department to pay a fee in connection with the testing or counseling service.
(h) The department may appoint experts in the area of genetic screening, including, but not limited to, cytogenetics, molecular biology, prenatal, specimen collection, and ultrasound, to provide expert advice and opinion on the interpretation and enforcement of regulations adopted pursuant to this section. These experts shall be designated agents of the state with respect to their assignments. These experts shall not receive a salary, but shall be reimbursed for expenses associated with the purposes of this section. All expenses of the experts for the purposes of this section shall be paid from the Genetic Disease Testing Fund.
(i) A parent or legal guardian of a minor may request the department
to
destroy the blood sample of the minor collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request.
If the parent or legal guardian making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request.
(j) An individual who is at least 18 years of age may request the department
to
destroy his or her blood sample that was collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request.
If the individual making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request.
SEC. 2.
Section 125003 is added to the Health and Safety Code, to read:
125003.
(a) The department shall prepare and provide informational materials regarding newborn child blood samples collected pursuant to this article that include, but are not limited to, all of the following:
(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and the storage, retention, and use of newborn child blood samples collected pursuant to this article.
(2) A description of the benefits of both early newborn child screening and the associated research undertaken regarding preventable heritable or congenital disorders.
(3) A description of the California Biobank Program, specifically as it pertains to the Genetic Disease Screening Program, and subsequent storage, retention, and use of the newborn child’s blood sample for medical research.
(4) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request.
(5) A statement that an individual who is at least 18 years of age has the right to request that his or her blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request.
(b) These informational materials shall be confined to a single page and presented in a separate document from the standard informational acceptance form required in Section 125004.
SEC. 3.
Section 125004 is added to the Health and Safety Code, to read:
125004.
(a) The department shall prepare a standard informational acceptance form that includes all of the following:
(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples collected pursuant to this article.
(2) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request.
(3) A space for the parent or legal guardian of the newborn child to acknowledge receipt of informational materials regarding the storage, retention, and use of the newborn child’s blood sample for medical research.
(4) A space for the parent or legal guardian of the newborn child to sign and date the form.
(b) The standard informational acceptance form shall be confined to a single page and presented in a separate document from the informational materials required in Section 125003.
(c) A copy of the standard informational acceptance form shall be maintained in the medical record of the mother of the newborn child.
(d) As used in this article, “informational acceptance form” means a written acknowledgment of received informational materials, signed and dated by a parent or legal guardian of a newborn child.
(e) In the event that there is no signed standard informational acceptance form retained in the mother’s medical record, the newborn child shall be administered the genetic screening test and the newborn child blood sample shall be stored and retained for medical research pursuant to Section 125000.
SEC. 4.
Section 125005 is added to the Health and Safety Code, to read:
125005.
(a) The department shall provide a parent or legal guardian with the informational materials described in Section 125003 and the standard informational acceptance form described in Section 125004 regarding the retention of newborn child blood samples collected pursuant to this article.
(b) The informational materials and standard informational acceptance form described in Section 125004 shall be distributed as follows:
(1) A birth attendant engaged in providing perinatal care shall provide a pregnant woman, prior to the estimated date of delivery, with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department.
(2) If the informational materials or standard informational acceptance form has not been provided pursuant to paragraph (1), a perinatal licensed health facility shall provide each pregnant woman admitted for delivery with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department.
(3) The local registrar of births and deaths shall provide a copy of the informational material and a copy of the standard informational acceptance form provided by the department to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility when the newborn was not admitted to a perinatal licensed health facility within the first 30 days of age. The local registrar of births and deaths shall notify the local health officer and the department of each of these registrations.
(c) For the purposes of this section, the following terms shall have the following meanings:
(1) “Birth attendant” means a person licensed or certified by the state to provide maternity care and to deliver pregnant women or to practice medicine.
(2) “Perinatal licensed health facility” means a health facility licensed by the state and approved to provide perinatal, delivery, newborn intensive care, newborn nursery, or pediatric services.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing, and the program is required to provide genetic screening and followup services for persons who have the screening. The program includes statewide screening of newborn children through the collection of blood samples, unless the parent or guardian objects on the grounds of religious beliefs or practices. This bill would require the department to provide information about the testing program, and to obtain a form signed by the parent or guardian acknowledging receiving information regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The bill would authorize a parent or guardian of a minor child, and the newborn child, once he or she is at least 18 years of age, to request that the department destroy the blood sample, not use it for research purposes, or both, and the bill would require the department to comply with the request. The bill would require the department, if the individual making a request to destroy the blood sample or to not use it for research purposes provides his or her e-mail address, to send an e-mail to the individual acknowledging that the department received the request. The bill would also require the department to prepare and provide informational materials regarding the same information about the newborn child’s blood sample collected pursuant to the program, information on storage, retention, and use of the blood sample for medical research, and the right of specified persons to request that the blood sample be destroyed or not used for research purposes in a separate, single-page format. The bill would also require the department to prepare and provide a standard informational acceptance form, that includes, among other things, a brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples. The bill would require the informational acceptance form to be provided to, and signed by, the parent or guardian when either version of the informational materials is provided. The bill would require specified persons to distribute the informational material and the informational acceptance form, including requiring the local registrar of births to provide a copy of the informational material and a copy of the standard informational acceptance form to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 125000 of, and to add Sections 125003, 125004, and 125005 to, the Health and Safety Code, relating to newborn screening.


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

SECTION 1.
Section 972.1 of the Military and Veterans Code, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is repealed.
972.1.
(a)The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Department of Veterans Affairs for allocation, during the 1989–90 fiscal year, for purposes of funding the activities of county veterans service officers pursuant to this section. Funds for allocation in future years shall be as provided in the annual Budget Act.
(b)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than the amount allocated in the 1988–89 fiscal year.
(c)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.
(d)(1)The Legislature finds and declares that 50 percent of the amount annually budgeted for county veterans service officers is approximately eleven million dollars ($11,000,000). The Legislature further finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers in an amount not to exceed eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers.
(2)It is the intent of the Legislature, after reviewing the department’s determination in subdivision (c), to consider an increase in the annual budget for county veterans service officers in an amount not to exceed five million dollars ($5,000,000), if the monetary benefits to the state’s veterans attributable to the assistance of county veteran service officers justify that increase in the budget.
(e)This section shall become operative January 1, 2016.
SEC. 2.
Section 972.1 is added to the Military and Veterans Code, to read:
972.1.
(a) The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Upon appropriation by the Legislature of moneys for this purpose, the moneys shall be allocated each fiscal year in accordance with that formula among only those counties that, in the discretion of the secretary, comply with the following requirements:
(1) Establish and maintain a county veterans service officer, pursuant to Section 970.
(2) Collect and report all information required by the department in accordance with departmental regulations.
(3) Comply with the training and accreditation standards for county veterans service officers and veteran service representatives as may be set by the department.
(4) Require county veterans service officers and veteran service representatives to become accredited with the department for the purpose of providing representation services to claimants before the United States Department of Veterans Affairs within 18 months of the commencement of his or her employment, or on or before June 1, 2017, whichever date is later.
(b) The department shall annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds. The department shall, in addition to the requirements of Section 974, annually determine information including, but not limited to, the following:
(1) The amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers and the basis for that determination.
(2) The amount paid to each county, including the amounts paid to each county for each category of workload unit included in the allocation formula.
(3) An evaluation as to each county’s use of subvention funds, including recommendations for improvement of each county’s use of subvention funds.
(c) The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. The department may combine this report with the report required by Section 974.
(d) For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers.
(e) It is the intent of the Legislature that the department revise the allocation formula pursuant to this section on a regular basis to adjust for changes in veteran demographics and veteran needs.
SECTION 1.
The Legislature finds and declares all of the following:
(a)The recent conflicts in Iraq and Afghanistan are creating an entirely new generation of veterans who may be eligible for federal veterans benefits because of their war service and their physical and mental conditions.
(b)Californians make up to 10 percent of the federal military forces used in these conflicts. Furthermore, the California National Guard and California-based reserve units have contributed significantly to these current conflicts.
(c)Many of these returning California veterans are not aware of the federal and state benefits that are available to them.
(d)Additionally, it is estimated that in California there may be over two million veterans, and their widows or widowers, who are unaware that they may be eligible for pensions from the federal government based upon their, or their spouses’, past military service in World War II, Korea, Vietnam, or the Gulf War.
(e)California’s county veterans service officers are the initial local point of contact for claimants accessing the United States Department of Veterans Affairs.
(f)The costs of maintaining county veterans service officers are shared from county general funds and state reimbursement to the counties. In 1997, in order to track performance, the Legislature enacted and the Governor signed into law Senate Bill 608, enacted as Chapter 318 of the Statutes of 1997, which required the California Department of Veterans Affairs to annually report the amount of monetary benefits paid to veterans by the federal government that were attributable to the assistance of county veterans service officers. Senate Bill 608 also required the Department of Finance to consider an increase in the annual budget for county veterans service officers of up to $5 million, if approved in the annual budget process. In 2009, the Legislature enacted and the Governor signed into law Senate Bill 419 enacted as Chapter 183 of the Statutes of 2009, which raised this amount to $11 million, if approved in the annual budget process.
(g)As a result of this annual reporting, by the end of 2013, it had been determined that from 1995 to 2013, inclusive, the state had cumulatively budgeted $41.4 million for its share of the cost of the county veterans service officers. As a result of this investment, county veteran service officers were able to assist local veterans in obtaining $4.1 billion, in new federal moneys. This is a return of about $98 for every $1 the state allocates to county veterans service officers. Furthermore, the $4.1 billion only reflects the actual monetary benefits qualified for in a given year. The monetary benefits qualified for in prior years are not tracked, yet the veterans and their dependents may continue to receive those benefits for the rest of their lives. Added to this stellar return on the state’s investment, but not counted in the annual reporting, are the Medi-Cal cost avoidance savings incurred as a result of county veterans service officers qualifying and shifting veterans away from Medi-Cal and into the appropriate federal veterans program.
(h)The county veterans service officers had accomplished all of this without ever reaching the allowable state budget allocation of $11 million, set in 2009. To date, the county veterans service officers have not received more than $5.6 million per year from the state.
(i)It is critical that the county veterans service officers receive a steady stream of funding because there continues to be a large number of underserved veterans and their dependents who are not aware of the federal benefits available to them as a result of their military service. Studies from other states have shown that increases in county veterans service officers have resulted in larger amounts of federal moneys to veterans. These new federal moneys and benefits are paid directly from the United States Department of Veterans Affairs to the qualifying veteran or their dependent and are used in the local economy.
SEC. 2.
Section 972.1 of the
Military and Veterans Code
, as amended by Section 3 of Chapter 401 of the Statutes of 2012, is amended to read:
972.1.
(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes.
(1)For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers.
(2)For the purposes of this subdivision, the department, by June 30, 2013, shall develop a performance-based formula that will incentivize county veterans service officers to perform workload units that help veterans access federal compensation and pension benefits and other benefits, in order to maximize the amount of federal money received by California veterans.
(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.
(c)The department shall conduct a review of the high-performing and low-performing county veterans service officers, and, based on this review, shall produce a best-practices manual for county veterans service officers by June 30, 2013.
(d)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers.
(e)This section shall remain in effect only until January 1, 2016, and as of that date is repealed.
SEC. 3.
Section 972.1 of the
Military and Veterans Code
, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is amended to read:
972.1.
(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than five million six hundred thousand dollars ($5,600,000).
(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.
(c)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers.
(d)This section shall become operative January 1, 2016.
SEC. 4.
Section 972.3 is added to the
Military and Veterans Code
, to read:
972.3.
(a)Notwithstanding Section 13340 of the Government Code, the sum of five million six hundred thousand dollars ($5,600,000) is hereby appropriated annually from the General Fund each fiscal year commencing July 1, 2015, to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers pursuant to subdivision (a) of Section 972.1. Moneys appropriated pursuant to this subdivision shall only be available for encumbrance and expenditure for one year after the date upon which it first becomes available for encumbrance.
(b)The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Moneys appropriated for this purpose shall be allocated each fiscal year in accordance with that formula among those counties that have established and maintained a county veterans service officer pursuant to Section 970.
SEC. 5.
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:
Approximately 50 percent of the current General Fund appropriation in support of county veteran service offices operations expires on June 30, 2015. In order to provide for continuity of services critical to the successful reintegration of California’s veterans, to increase California’s utilization of veteran benefits, and to ensure veteran’s claims for benefits are processed in a timely manner, it is necessary that this act take effect immediately.

Summary: Existing law requires the Department of Veterans Affairs to disburse funds, appropriated to the department for the purpose of supporting county veterans service officers pursuant to the annual Budget Act, on a pro rata basis, to counties a county that comply complies with certain conditions. This bill would appropriate on an annual basis the sum of $5,600,000 from the General Fund to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers, as specified. The bill would specify that the money appropriated would only be available for encumbrance and expenditure for one year. The bill would require the department, no later than July 1, 2016, to develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers, and would require those continuously appropriated moneys to be allocated allocated, upon appropriation by the Legislature, in accordance with that formula, as specified. The bill would require the department to annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds, as specified. The bill would also delete obsolete provisions and would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.

An act to
amend Section 972.1 of, and to add Section 972.3 to,
repeal and add Section 972.1 of
the Military and Veterans Code, relating to
veterans, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.
veterans.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The federal Patient Protection and Affordable Care Act provides millions of previously uninsured Californians access to health services, including physician care. As a result of this additional demand for physician services, the projected statewide physician shortfall is 17,000 for 2015.
(b) The San Joaquin Valley, which runs from Stockton to Bakersfield, is rich in cultural diversity and is the nation’s leading agricultural region. However, the valley is disproportionately affected by the state’s physician shortage, which is expected to intensify in the years ahead given the high rate of population growth in the area. Access to health care is 31 percent lower in the San Joaquin Valley than in the rest of California.
(c) Several regions of the San Joaquin Valley are federally designated Medically Underserved Areas (MUAs). The calculation of MUAs involves four variables: the ratio of primary medical care physicians per 1,000 population, the infant mortality rate, the percentage of the population with incomes below the poverty level, and the percentage of the population 65 years of age or over.
(d) To help address California’s physician workforce needs, the Regents of the University of California engaged in a comprehensive strategic planning process and, in May 2008, approved moving forward with planning efforts leading to the development of a possible medical school at the campus of the University of California, Merced (UC Merced). At that time, the regents also approved moving forward with other preparations, such as planning for the initial basic sciences and clinical infrastructure. Upon completion of these and other activities, the regents envisioned that a formal proposal to establish a new medical school eventually could be developed.
(e) The medical schools of the University of California, including a possible future medical school at UC Merced, will play an important role in addressing California’s physician shortages.
(f) Medical education and a possible future UC Merced School of Medicine will further contribute to the economic growth of the San Joaquin Valley and the state, as well as expand educational opportunities for valley residents, and will further support UC Merced’s trajectory toward becoming a top-tier university.
(g) UC Merced’s San Joaquin Valley Program in Medical Education (PRIME) is providing a key interim resource for training valley health care providers. This program accomplishes all of the following:
(1) Strengthens the desire for new physicians to practice in the San Joaquin Valley, which is one of California’s most medically underserved areas.
(2) Reduces health disparities and inequalities in the San Joaquin Valley.
(3) Forms lasting relationships between the program and communities, hospitals, clinics, and physicians to enhance health care in the region.
(h) Students who take part in PRIME benefit from firsthand experience with interdisciplinary health care by providing care in medically underserved communities, working with patients and families from culturally diverse backgrounds, and developing a true understanding of the issues and conditions that impact access to and quality of health care in the region.
(i) Despite its numerous benefits for its region, PRIME lacks an ongoing source of funding for its current enrollment as well as the financial resources to expand capacity to meet the needs of the valley.
(j) Given the San Joaquin Valley’s health care needs and the critical role that a possible future medical school at UC Merced would play in addressing those needs, it is essential for the State of California to continue developing the valley’s health care resources by sustaining the current PRIME enrollment, expanding that program’s capacity, and continuing to move toward the establishment of a medical school at UC Merced.
SEC. 2.
The sum of one million
eight
two
hundred fifty-five thousand dollars
($1,855,000)
($1,255,000)
is hereby appropriated from the General Fund to the Regents of the University of California each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley PRIME program to admit up to 12 students per year and operate the program with up to 48 student participants from across the four-year curriculum annually.
SEC. 3.
The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Regents of the University of California during the 2016—17 fiscal year for allocation to the University of California, to support a two-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced. The effort shall include determination of the necessary program components such as basic and clinical science courses, curriculum, capital needs, one-time and ongoing operational funding, student support services, and other necessary components. The University of California shall submit a report to the appropriate policy and fiscal committees of the Legislature by March 1, 2019, summarizing its planning efforts and providing recommendations and estimates for the infrastructure, personnel, and funding, and time necessary to establish and maintain such a program.

Summary: Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The University of California system includes 10 campuses, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would express findings and declarations of the Legislature relating to the role of the University of California with respect to access to health care in the San Joaquin Valley. The bill would appropriate $1,855,000 $1,255,000 from the General Fund to the regents each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley Program in Medical Education, as specified. The bill would appropriate $1,000,000 from the General Fund to the Regents of the University of California during the 2016–17 fiscal year for allocation to the University of California to support a 2-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced, as specified.

An act relating to the University of California, and making an appropriation therefor.


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

SECTION 1.
Section 25500.5 of the Public Resources Code is amended to read:
25500.5.
The commission shall certify sufficient sites and related facilities
which
that
are required to provide a supply of
electric power
electricity
sufficient to
accomodate
accommodate
the demand projected in the most recent forecast of statewide and service area
electric power
electricity
demands adopted pursuant to subdivision (b) of Section 25309.
SEC. 2.
Section 25514 of the Public Resources Code is amended to read:
25514.
After conclusion of the hearings held pursuant to Section 25513 and no later than 300 days after the filing of the notice, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following:
(a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or considered in the notice of intention proceeding with both of the following:
(1) The 12-year forecast of statewide and service area
electric power
electricity
demands adopted pursuant to subdivision (e) of Section 25305, except as provided in Section 25514.5.
(2) Applicable local, regional, state, and federal standards, ordinances, and laws, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3.
(b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413.
(c) Any findings and comments submitted by the San Francisco Bay Conservation and Development Commission pursuant to Section 25507 of this code and subdivision (d) of Section 66645 of the Government Code.
(d) The commission’s findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission.
(e) Findings and conclusions with respect to the safety and reliability of the facility or facilities at each of the sites designated in the notice, as determined by the commission pursuant to Section 25511, and any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the findings and conclusions.
(f) Findings and conclusions as to whether increased property taxes due to the construction of the project are sufficient to support needed local improvements and public services required to serve the project.
SEC. 3.
Section 25514.5 of the Public Resources Code is amended to read:
25514.5.
In considering the acceptability of a site proposed to accommodate ultimately additional
power-generating
electrical generating
capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice with the 12-year forecast of statewide and service area
electric power
electricity
demands adopted pursuant to subdivision (e) of Section 25305, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 12-year period. Additional facilities projected to be operating at the site at a time beyond the forthcoming 12-year period shall not be considered in the determination of conformity with the
electric power
electricity
demand forecast.
SEC. 4.
Section 25516 of the Public Resources Code is amended to read:
25516.
(a)
The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission’s final report as acceptable. If the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be proposed by the applicant which shall be considered in the same manner as those proposed in the original notice.
(b)
If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved unless suitable alternative sites and related facilities have been approved by the commission in previous notice of intention proceedings.
(c)
If the commission finds that additional
electric
electrical
generating capacity is needed to accommodate the
electric power
electricity
demand forecast pursuant to subdivision (e) of Section 25305 and, after the commission finds that a good faith effort was made by the person submitting the notice to propose an acceptable site and related facility, it fails to find any proposed site and related facility to be acceptable, the commission shall designate, at the request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed
electric
electrical
generating capacity.
SEC. 5.
Section 740.3 of the Public Utilities Code is amended to read:
740.3.
(a) The commission, in cooperation with the
State Energy Conservation and Development
Energy
Commission, the State Air Resources Board, air quality management districts and air pollution control districts, regulated electrical and gas corporations, and the motor vehicle industry, shall evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of
electric power
electricity
and natural gas to fuel low-emission vehicles. Policies to be considered shall include both of the following:
(1) The sale-for-resale and the rate-basing of low-emission vehicles and supporting equipment such as batteries for electric vehicles and compressor stations for natural gas fueled vehicles.
(2) The development of statewide standards for electric vehicle charger connections and compressed natural gas vehicle fueling connections, including installation procedures and technical assistance to installers.
(b) The commission shall hold public hearings as part of its effort to evaluate and implement the new policies considered in subdivision (a), and shall provide a progress report to the Legislature by January 30, 1993, and every two years thereafter, concerning policies on rates, equipment, and infrastructure implemented by the commission and other state agencies, federal and local governmental agencies, and private industry to facilitate the use of
electric power
electricity
and natural gas to fuel low-emission vehicles.
(c) The commission’s policies authorizing utilities to develop equipment or infrastructure needed for electric-powered and natural gas-fueled low-emission vehicles shall ensure that the costs and expenses of those programs are not passed through to electric or gas ratepayers unless the commission finds and determines that those programs are in the ratepayers’ interest. The commission’s policies shall also ensure that utilities do not unfairly compete with nonutility enterprises.

Summary: The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for electricity in that commission’s most recent forecast of statewide and service area electricity demand. This bill would make nonsubstantive revisions to the State Energy Resources Conservation and Development Commission’s certification requirements. Existing law requires the Public Utilities Commission, in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles. This bill would make nonsubstantive revisions to these requirements of the Public Utilities Commission.

An act to amend Sections 25500.5, 25514, 25514.5, and 25516 of the Public Resources Code, and to amend Section 740.3 of the Public Utilities Code, relating to electricity.


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

SECTION 1.
Section 66027.1 is added to the Education Code, to read:
66027.1.
(a) On or after July 1, 2016, whenever the Board of Governors of the California Community Colleges, the Trustees of the California State University, or the Regents of the University of California collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, the entity shall use separate collection categories and tabulations in accordance with the following:
(1) No later than 18 months after a decennial United States Census is released to the public, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups as they are reported by the United States Census Bureau.
(2) The categories used by each entity for Asian, Native American, and Pacific Islander groups, to the extent not already required pursuant to paragraph (1), shall also include the following:
(A) Additional major Asian groups, including, but not limited to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
(B) Additional major Native Hawaiian and Pacific Islander groups, including, but not limited to, Fijian and Tongan.
(3) Until the release of the next decennial United States Census following the enactment of this section, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups that the entity used as of January 1, 2015.
(4) Each entity shall comply with the Family Educational Rights and Privacy Act and shall observe criteria for ensuring statistical significance of data collected and published.
(b) Each entity shall make the demographic data specified in subdivision (a) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the applicable entity’s Internet Web site by July 1, 2016, and shall update the data annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected as specified in subdivision (a) on the state agency’s Internet Web site, in a manner prescribed by this section or Section 8310.5 or 8310.7 of the Government Code.
(c) As used in this section, “entity” means the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California.
(d) This section shall not apply to demographic data of graduate or professional schools of the University of California.
(e) This section shall apply to the University of California only if the Regents of the University of California, by resolution, make it applicable.
SEC. 2.
Section 8310.7 of the Government Code is amended to read:
8310.7.
(a) This section shall only apply to the following state agencies:
(1) The Department of Industrial Relations.
(2) The Department of Fair Employment and Housing.
(3) The Department of Managed Health Care, on or after July 1, 2016, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes the type and amount of health care coverage, rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
(b) In addition to the duties imposed under Section 8310.5, the state agencies described in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall collect and tabulate data for the following:
(1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
(2) Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan.
(c) The state agencies identified in subdivision (a) shall make any data collected pursuant to subdivision (b) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency on or before July 1, 2012, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (b) on the agency’s Internet Web site, in the manner prescribed by this section.
(d) The state agencies identified in subdivision (a) shall, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the State, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian groups and Pacific Islander groups, and requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases. Existing law requires specified agencies to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups, and also requires those agencies to take additional actions, including, among other things, posting, and annually updating, the demographic data collected on their Internet Web sites, and updating the reporting categories to reflect these Asian and Pacific Islander groups as they are reported for the 2020 decennial census. This bill would require the updating of the reporting categories for future decennial censuses. The bill would require, on or after July 1, 2016, the Department of Managed Health Care to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Islander groups, and to take additional actions as specified above, under certain circumstances. This bill would, on and after July 1, 2016, require the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California, whenever those entities collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, to use specified collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups, as specified. The bill would require each entity specified above to make this demographic data publicly available by posting the data on the applicable entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would not apply these categorization requirements to demographic data of graduate and professional schools of the University of California. The bill would be applicable to the University of California only if the Regents of the University of California, by resolution, make it applicable. To the extent the bill would impose additional requirements on community colleges, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of the Government Code, relating to data collection.