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

SECTION 1.
Section 2080.1 of the Civil Code is amended to read:
2080.1.
(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, or to the public transit agency if found on a vehicle of public conveyance or on the public transit agency property, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.
(c) If the personal property is found or saved on a vehicle of public conveyance or on property belonging to a public transit agency, the public transit agency shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The public transit agency may require payment by the owner of a reasonable charge to defray the costs of storage and care of the property.
(d) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.
SEC. 2.
Section 2080.1 is added to the Civil Code, to read:
2080.1.
(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.
(c) This section shall become operative on January 1, 2021.
SEC. 3.
Section 2080.2 of the Civil Code is amended to read:
2080.2.
(a) If the owner appears within 90 days, after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her.
(b) If the owner appears within 90 days after receipt of the property by a public transit agency, proves his or her ownership of the property, and pays all reasonable charges, the public transit agency shall restore the property to him or her.
(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.
SEC. 4.
Section 2080.2 is added to the Civil Code, to read:
2080.2.
(a) If the owner appears within 90 days after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her.
(b) This section shall become operative on January 1, 2021.
SEC. 5.
Section 2080.3 of the Civil Code is amended to read:
2080.3.
(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department, sheriff’s department, or public transit agency shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department or public transit agency caused the notice to be published.
(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.
(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.
SEC. 6.
Section 2080.3 is added to the Civil Code, to read:
2080.3.
(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff’s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department caused the notice to be published.
(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.
(c) This section shall become operative on January 1, 2021.
SEC. 7.
Section 2080.9 is added to the Civil Code, to read:
2080.9.
Notwithstanding any other law, all of the following shall apply with
As an alternative to the unclaimed property procedures in Sections 2080.1 to 2080.3, inclusive, a transit agency may elect to utilize all of the following procedures with
respect to a lost or unclaimed bicycle turned in to or held by
a
that
public transit agency:
(a) If the owner of a bicycle appears within 45 days after receipt of that bicycle by a public transit agency, proves his or her ownership of the bicycle, and pays all reasonable charges, the public transit agency shall restore the bicycle to him or her.
(b) (1) If the bicycle remains unclaimed after 45 days, the public transit agency may dispose of the unclaimed bicycle by sale at public auction to the highest bidder.
(2) The public transit agency shall give notice of the sale at least five days before the time fixed for the sale by publication in a newspaper of general circulation published in the county in which the bicycle was found.
(3) Any bicycles remaining unsold after being offered for sale at the public auction may be destroyed or otherwise disposed of by the public transit agency.
(c) (1) Notwithstanding subdivision (b), a public transit agency may donate bicycles unclaimed after 45 days to a charitable organization if both of the following conditions are met:
(A) The board of the public transit agency holds a public hearing to determine the charitable organization that will receive a donated bicycle.
(B) The public transit agency provides notice, at least five days before the time fixed for the donation, by publication in a newspaper of general circulation published in the county in which the public transit agency operates. The notice shall identify the time period during which the bicycles to be donated were found or saved by the public transit agency, the name of the charity receiving the donation, the date of the donation, and where unclaimed bicycles may be claimed prior to the date of the donation.
(2) The public transit agency shall not donate unclaimed bicycles more than two times per calendar year and the number of bicycles donated shall not exceed 25 percent of the total number of lost or unclaimed bicycles found or saved by the public transit agency during the prior six months.
(d) (1) Any public transit agency that donates unclaimed bicycles to a charitable organization pursuant to this section shall submit to the Assembly and Senate Committees on Judiciary, on or before January 1, 2020, a report that details, for each of the four preceding calendar years, the following information:
(A) The total number of bicycles received.
(B) The total number of bicycles claimed by an owner within 45 days.
(C) The average number of days of storage for each bicycle successfully claimed.
(D) The total number of bicycles donated to a charitable organization.
(E) The names of all charitable organizations that received donated bicycles and the number of bicycles donated to each of those organizations.
(F) The total number of bicycles offered at public auction or sale.
(G) The average selling price of each bicycle sold at public auction or sale.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires a person who finds and takes possession of property that is lost to try and return it to the rightful owner. If the owner of the lost property cannot be determined and the item is worth $100 or more, the finder is required to turn the item over to the police or sheriff, as specified. Existing law provides 90 days for the owner to return and claim the property and to pay any reasonable fee for its bailment. Existing law requires, if the reported value of the property is $250 or more and the owner does not return and claim the property, the police or the sheriff to cause notice of the property to be published, as provided. This bill, until December 31, 2020, would provide that if that lost property is found on a vehicle of public conveyance or on public transit property, that it instead be turned in to the public transit agency, and would provide 90 days for the owner to return and claim the property, as specified. The bill, until December 31, 2020, also would require the public transit agency to cause notice of the property to be published under the circumstances described above. The bill, until January 1, 2021, would require specified authorize a transit agency to utilize alternate unclaimed property procedures to be followed with respect to lost or unclaimed bicycles turned in to or held by a that public transit agency. Because this bill would impose new requirements on local transportation agencies, it 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, repeal, and add Sections 2080.1, 2080.2, and 2080.3 of, and to add and repeal Section 2080.9 of, the Civil Code, relating to lost and unclaimed property.


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

SECTION 1.
Section 49413 of the
Education Code
is amended to read:
49413.
(a)(1)The Legislature finds and declares all of the following:
(A)Sudden cardiac arrest is the leading cause of death in the United States.
(B)Less than 8 percent of people who suffer cardiac arrest outside the hospital survive.
(C)Effective bystander cardiopulmonary resuscitation (CPR) provided immediately after sudden cardiac arrest can double or triple a victim’s chance of survival, but only 32 percent of cardiac arrest victims get CPR from a bystander.
(2)In enacting this section, it is the intent of the Legislature to save lives by giving high school pupils the opportunity to develop psychomotor CPR skills.
(b)A school district or school, individually or jointly with another school district or school, shall provide a comprehensive program in first aid and CPR training to pupils and employees. The program shall be developed using the following guidelines:
(1)The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid and CPR training available to the pupils and employees of the school district or school.
(2)Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for CPR information, to be distributed to all of the schools in the district.
(3)The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association.
SEC. 2.
SECTION 1.
Section 51202 of the Education Code is amended to read:
51202.
The adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and cardiopulmonary resuscitation when appropriate equipment is available or when required pursuant to Section 51225.6; fire prevention; the protection and conservation of resources, including the necessity for the protection of our environment; and health, including venereal disease and the effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue.
SEC. 3.
SEC. 2.
Section 51225.6 is added to the Education Code, to read:
51225.6.
(a)
The
Commencing with the 2017–18 academic year, the
governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, shall provide instruction in performing cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) as part of a physical education course or another course required for
graduation.
graduation pursuant to paragraph (1) of subdivision (a) Section 51225.3, or a course required by the local governing board of a school district for graduation pursuant to paragraph (2) of subdivision (a) Section 51225.3.
This instruction shall include all of the following:
(1) An instructional program developed by the American Heart Association or the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED.
(2) Training for pupils relative to the psychomotor skills necessary to perform CPR. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning.
Pupils receiving online instruction to satisfy the requirements of this section shall not be required to perform hands-on practice.
(3) General information on the use and importance of an AED. The physical presence of an AED in the classroom is not required.
(b) Except as specified in subparagraph (B) of paragraph (5), instruction required pursuant to this section may be provided by a person who is certified in CPR and who is any of the following:
(1) A health care provider licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing with Section 3600) of Division 2 of the Business and Professions Code, or the Chiropractic Initiative Act, as set forth in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code.
(2) A person certified pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).
(3) A peace officer, as defined in Section 830 of the Penal Code.
(4) A firefighter, defined as any regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the State of California, a city, a county, a city and county, a district, or other public or municipal corporation or political subdivision of this state or member of an emergency reserve unit of a volunteer fire department or fire protection district.
(5) (A) A teacher.
(B) A teacher shall not be required to be certified in CPR to facilitate, provide, or oversee instruction pursuant to this section for training that does not provide CPR certification.
(6) An instructor certified to teach CPR by the American Red Cross or the American Heart Association, or an instructor certified to teach an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED.
(c) If it is in accordance with the laws, rules, or regulations governing his or her profession, a person who provides instruction pursuant to subdivision (b) may apply the hours spent performing instruction toward fulfilling professional requirements for performing community service.
(d) The governing board of a school district or the governing body of a charter school may adopt regulations to implement this section.
SEC. 4.
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 authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees in accordance with specified guidelines. This bill would instead require a school district or school to provide a comprehensive program in first aid and cardiopulmonary resuscitation training to pupils and employees in accordance with specified guidelines, thereby imposing a state-mandated local program. Existing law establishes a list of courses that a pupil in a school district is required to complete in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including 2 courses in physical education unless exempted. This bill would require require, commencing with the 2017–18 academic year, the governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, to provide instruction on performing cardiopulmonary resuscitation and the use of an automated external defibrillator as part of a physical education course or another course required for graduation, as provided. The bill would also make conforming changes to a related code section. By imposing additional requirements on school districts and charter schools, 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 amend
Sections 49413 and
Section
51202 of, and to add Section 51225.6 to, the Education Code, relating to pupil instruction.


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

SECTION 1.
Section 17941 of the Revenue and Taxation Code is amended to read:
17941.
(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this state (as defined in Section 23101) shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in
paragraph (1) of
subdivision (d) of Section 23153 for the taxable year.
(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State.
(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code.
(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year.
(d) For purposes of this section, “limited liability company” means an organization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or
Section
23701x, that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes.
(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid.
(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation.
(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.”
(3) For the purposes of this subdivision, all of the following definitions apply:
(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following:
(i) Temporary duty for the sole purpose of training or processing.
(ii) A permanent change of station.
(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts.
(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less.
(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018.
(g) (1) Notwithstanding subdivision (a) or (b), for taxable years beginning on or after January 1, 2016, a limited liability company that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its first three taxable years.
(2) For purposes of this subdivision:
(A) “New veteran-owned small business” means a veteran-owned limited liability company that is formed under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its formation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any limited liability company that began business operations as a sole proprietorship, a partnership, a corporation, or any other form of business entity prior to its formation.
(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States.
(C) “Veteran-owned limited liability company” means a limited liability company in which more than 50 percent of the membership interest is owned by one or more veterans.
(3) This subdivision shall not apply to any limited liability company that reorganizes solely for the purpose of reducing its tax imposed under this section.
SEC. 2.
Section 23153 of the Revenue and Taxation Code is amended to read:
23153.
(a) Every corporation described in subdivision (b) shall be subject to the minimum franchise tax specified in subdivision (d) from the earlier of the date of incorporation, qualification, or commencing to do business within this state, until the effective date of dissolution or withdrawal as provided in Section 23331 or, if later, the date the corporation ceases to do business within the limits of this state.
(b) Unless expressly exempted by this part or the California Constitution, subdivision (a) shall apply to each of the following:
(1) Every corporation that is incorporated under the laws of this state.
(2) Every corporation that is qualified to transact intrastate business in this state pursuant to Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(3) Every corporation that is doing business in this state.
(c) The following entities are not subject to the minimum franchise tax specified in this section:
(1) Credit unions.
(2) Nonprofit cooperative associations organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code that have been issued the certificate of the board of supervisors prepared pursuant to Section 54042 of the Food and Agricultural Code. The association shall be exempt from the minimum franchise tax for five consecutive taxable years, commencing with the first taxable year for which the certificate is issued pursuant to subdivision (b) of Section 54042 of the Food and Agricultural Code. This paragraph only applies to nonprofit cooperative associations organized on or after January 1, 1994.
(d) (1) Except as provided in paragraph (2), paragraph (1) of subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of Section 23181, and paragraph (1) of subdivision (c) of Section 23183, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of eight hundred dollars ($800).
(2) The minimum franchise tax shall be twenty-five dollars ($25) for each of the following:
(A) A corporation formed under the laws of this state whose principal business when formed was gold mining, which is inactive and has not done business within the limits of the state since 1950.
(B) A corporation formed under the laws of this state whose principal business when formed was quicksilver mining, which is inactive and has not done business within the limits of the state since 1971, or has been inactive for a period of 24 consecutive months or more.
(3) For purposes of paragraph (2), a corporation shall not be considered to have done business if it engages in business other than mining.
(e) Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 1999, and before January 1, 2000, every “qualified new corporation” shall pay annually to the state a minimum franchise tax of five hundred dollars ($500) for the second taxable year. This subdivision shall apply to any corporation that is a qualified new corporation and is incorporated on or after January 1, 1999, and before January 1, 2000.
(1) The determination of the gross receipts of a corporation, for purposes of this subdivision, shall be made by including the gross receipts of each member of the commonly controlled group, as defined in Section 25105, of which the corporation is a member.
(2) “Gross receipts, less returns and allowances reportable to this state,” means the sum of the gross receipts from the production of business income, as defined in subdivision (a) of Section 25120, and the gross receipts from the production of nonbusiness income, as defined in subdivision (d) of Section 25120.
(3) “Qualified new corporation” means a corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state, that begins business operations at or after the time of its incorporation and that reasonably estimates that it will have gross receipts, less returns and allowances, reportable to this state for the taxable year of one million dollars ($1,000,000) or less. “Qualified new corporation” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax.
(4) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable
organizations,
corporations,
as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, or to the formation of any subsidiary corporation, to the extent applicable.
(5) For any taxable year beginning on or after January 1, 1999, and before January 1, 2000, if a corporation has qualified to pay five hundred dollars ($500) for the second taxable year under this subdivision, but in its second taxable year, the corporation’s gross receipts, as determined under paragraphs (1) and (2), exceed one million dollars ($1,000,000), an additional tax in the amount equal to three hundred dollars ($300) for the second taxable year shall be due and payable by the corporation on the due date of its return, without regard to extension, for that year.
(f) (1) Notwithstanding subdivision (a), every corporation that incorporates or qualifies to do business in this state on or after January 1, 2000, shall not be subject to the minimum franchise tax for its first taxable year.
(2) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable
organizations,
corporations,
as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, and qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, to the extent applicable.
(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of avoiding payment of its minimum franchise tax.
(g) Notwithstanding subdivision (a), a domestic corporation, as defined in Section 167 of the Corporations Code, that files a certificate of dissolution in the office of the Secretary of State pursuant to subdivision (b) of Section 1905 of the Corporations Code, prior to its amendment by the act amending this subdivision, and that does not thereafter do business shall not be subject to the minimum franchise tax for taxable years beginning on or after the date of that filing.
(h) The minimum franchise tax imposed by paragraph (1) of subdivision (d) shall not be increased by the Legislature by more than 10 percent during any calendar year.
(i) (1) Notwithstanding subdivision (a), a corporation that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the minimum franchise tax for any taxable year the owner is deployed and the corporation operates at a loss or ceases operation.
(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.”
(3) For the purposes of this subdivision, all of the following definitions apply:
(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following:
(i) Temporary duty for the sole purpose of training or processing.
(ii) A permanent change of station.
(B) “Operates at a loss” means negative net income as defined in Section 24341.
(C) “Small business” means a corporation with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less.
(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018.
(j) (1) Notwithstanding subdivision (a) or (b) and subject to subdivision (f), for taxable years beginning on or after January 1, 2016, every corporation that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its second and third taxable years.
(2) For purposes of this subdivision:
(A) “New veteran-owned small business” means a veteran-owned corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its incorporation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation.
(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States.
(C) “Veteran-owned corporation” means a corporation in which stock representing more than 50 percent of the voting power of the corporation and representing more than 50 percent value of the stock of the corporation is owned by one or more veterans.
(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax.
SEC. 3.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law exempts a corporation that incorporates or qualifies to do business in this state from the payment of the minimum franchise tax in its first taxable year. Existing law imposes an annual tax in an amount equal to the minimum franchise tax on every limited liability company doing business in this state. In addition, existing law requires every limited liability company if the articles of organization have been accepted by, or a certificate of registration has been issued by, the Secretary of State to pay an annual tax in an amount equal to the minimum franchise tax. This bill, for taxable years beginning on or after January 1, 2016, would additionally eliminate that minimum franchise tax, in the 2nd and 3rd taxable years, for a corporation that is a new veteran-owned small business, and that annual tax, in the first 3 taxable years, for a limited liability company that is a new veteran-owned small business, as defined. This bill would take effect immediately as a tax levy.

An act to amend Sections 17941 and 23153 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


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

SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) Recent public opinion research indicates that Californians, regardless of political party or income level, are worried about the costs of growing older. Two-thirds of respondents in the research said that they are apprehensive about being able to afford long-term care. Sixty-three percent of respondents worry as much about paying for long-term care as they do for their future health care.
(b) A majority of respondents could not afford more than three months of nursing home care at an average cost of six thousand dollars ($6,000) per month in California. About four in 10 respondents could not afford a single month of care at that rate. Among Latino voters, 88 percent said they do not have long-term care insurance or are not sure whether they are covered for supportive services like in-home care. Concerns about paying for long-term care cut across all income levels and all partisan affiliations.
(c) It is the intent of the Legislature to enact legislation establishing a task force to explore the feasibility of developing and implementing a culturally competent statewide insurance program for long-term care services and supports.
SEC. 2.
Section 10234.75 is added to the Insurance Code, to read:
10234.75.
(a) The Long Term Care Insurance Task Force (the task force) is hereby created in the Department of Insurance. Under the leadership of the commissioner, the task force shall examine the components necessary to design and implement a statewide long-term care insurance program.
(b) The task force shall consist of the following nine voting members:
(1) The commissioner, or his or her designee, who shall serve as the chair of the task force.
(2) The Director of Health Care Services, or his or her designee.
(3) The Director of the Department of Aging, or his or her designee.
(4) Four persons appointed by the Governor, as follows:
(A) A certified actuary with expertise in long-term care insurance.
(B) A nongovernment health policy expert.
(C) A representative of a long-term care provider association.
(D) A representative of a senior or consumer organization.
(5) One person, appointed by the Speaker of the Assembly, from an employee representative organization that represents long-term care workers.
(6) One person, appointed by the Senate Committee on Rules, from the long-term care insurance industry.
(c) A task force member shall not receive a per diem or other similar compensation for serving as a member of the task force.
(d) The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) applies to meetings of the task force.
(e) The task force shall do all of the following:
(1) Explore how a statewide long-term care insurance program could be designed and implemented to expand the options for people who are interested in insuring themselves against the risk of costs associated with functional or cognitive disability, and require long-term care, services, and supports.
(2) Explore options for the design of the program, including eligibility, enrollment, benefits, financing, administration, and interaction with the Medi-Cal program and other publicly funded resources. In exploring these options, the task force shall consider all of the following:
(A) Whether and how a long-term care insurance program could be included as a benefit in the state disability insurance program structure, possibly through a nominal increase in the payroll tax, and whether the program could be structured in the same manner as Paid Family Leave benefits.
(B) Allowing for enrollment in the program of working adults who would make voluntary premium contributions either directly or through payroll deductions through their employer.
(C) To the extent feasible, requiring a mandatory enrollment with a voluntary opt-out option.
(D) Giving working adults the opportunity to plan for future long-term care needs by providing a basic insurance benefit to those who meet work requirements and have developed functional or equivalent cognitive limitations.
(E) Helping individuals with functional or cognitive limitations remain in their communities by purchasing nonmedical services and supports such as home health care and adult day care.
(F) Helping offset the costs incurred by adults with chronic and disabling conditions. The program need not be designed to cover the entire cost associated with an individual’s long-term care needs.
(3) Evaluate how benefits under the program would be coordinated with existing private health care coverage benefits.
(4) Evaluate the demands on the long-term care workforce as the need for long-term care in California grows, and how the long-term care workforce can be prepared to meet those demands.
(5) Consider the establishment of a joint public and private system to make long-term care accessible to as many individuals within California as possible.
(6) Make recommendations related to key regulatory provisions necessary for the public to access existing long-term care insurance programs and participate in future long-term care insurance programs, whether those programs are recommended by the task force or otherwise.
(f) The department shall operate within its existing budgetary resources for purposes of implementing this section. Any governmental agency that participates in the task force shall operate within its existing budgetary resources for purposes of that participation.
(g) The task force shall recommend options for establishing a statewide long-term care insurance program and comment on the respective degrees of feasibility of those options in a report submitted to the commissioner, the Governor, and the Legislature on or before July 1, 2017. The report submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.
(h) To ensure an adequate benefit within a solvent program, the department shall, no later than July 1, 2018, produce an actuarial report of the recommendations made by the task force pursuant to subdivision (g). The report shall be shared with and approved by the members of the task force. If approved the report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
(i) The commissioner may seek private funds for purposes of implementing this section.
(j) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

Summary: Existing law provides for the regulation of long-term care insurance by the Insurance Commissioner and prescribes various requirements and conditions governing the delivery of individual or group long-term care insurance in the state. Existing law establishes the California Partnership for Long-Term Care Program to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services program and Medi-Cal and to provide Medi-Cal benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. This bill would establish the Long Term Care Insurance Task Force in the Department of Insurance, chaired by the Insurance Commissioner or his or her designee, and composed of specified stakeholders and representatives of government agencies to examine the components necessary to design and implement a statewide long-term care insurance program, as specified. The bill would require the task force to recommend options for establishing this program and to comment on their respective degrees of feasibility in a report submitted to the commissioner, the Governor, and the Legislature by July 1, 2017. The bill would require the department to produce, no later than July 1, 2018, an actuarial report of those recommendations, to be shared with and approved by the task force. If approved, the bill would require the report to be submitted to the Legislature, as specified.

An act to add and repeal Section 10234.75 of the Insurance Code, relating to insurance.


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

SECTION 1.
Chapter 3 (commencing with Section 39150) is added to Part 1 of Division 26 of the Health and Safety Code, to read:
CHAPTER  3. Minor Violations
39150.
(a) The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment is taken into account.
(b) It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the districts, and the regulated community while maintaining protection of human
health and safety
health, safety, and welfare
and the environment.
(c)
The
Except as provided in Section 39154, the
state board and each district shall, for their respective jurisdictions, implement this chapter by adopting a regulation or a rule that classifies the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division, that the state board or the district finds are minor violations in accordance with subdivision (d).
(d) In classifying the types of violations that are minor violations, the state board or the district shall consider all of the following factors:
(1) The magnitude of the violation.
(2) The scope of the violation.
(3) The severity of the violation.
(4) The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy.
(5) The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division.
(6) The degree to which a violation
may
could
make it difficult to determine if the violator is in compliance with other requirements of this division.
(e) For purposes of this chapter, a minor violation of this division shall not include any of the following:
(1) Any knowing, willful, or intentional violation of this division.
(2) Any violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage.
(3) Any violation that is a chronic violation or that is committed by a recalcitrant violator.
(f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (e), the state board or district or an authorized or designated officer shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division.
39151.
For purposes of this chapter, “notice to comply” means a written method of alleging a minor violation that is in compliance with all of the following requirements:
(a) The notice to comply is written in the course of conducting an inspection by an authorized representative of the state board or district or an authorized or designated officer. If testing is required by the state board or district or an authorized or designated officer to determine compliance, and the testing cannot be conducted during the course of the inspection, the representative of the state board or the district or an authorized or designated officer shall have a reasonable period of time to conduct the required testing. If, after the test results are available, the representative of the state board or district or an authorized or designated officer determines that the issuance of a notice to comply is warranted, the representative or officer shall immediately notify the facility owner or operator in writing.
(b) A copy of the notice to comply is presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. If offsite testing is required pursuant to subdivision (a), a copy of the notice to comply may be mailed to the owner or operator of the facility.
(c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the requirement cited by the state board’s or district’s representative or an authorized or designated officer may be achieved, and a time limit in which to comply, which shall not exceed 30 days.
(d) The notice to comply shall contain the information specified in subdivision (h) of Section 39152 with regard to the possible reinspection of the facility.
39152.
(a) An authorized representative of the state board or district or an authorized or designated officer, who, in the course of conducting an inspection, detects a minor violation shall issue a notice to comply before leaving the site at which the minor violation is alleged to have occurred if the authorized representative finds that a notice to comply is warranted.
(b) A person who receives a notice to comply pursuant to subdivision (a) shall have the period specified in the notice to comply from the date of receipt of the notice to comply in which to achieve compliance with the requirement cited on the notice to comply. Within five working days of achieving compliance, the person who received the notice to comply shall sign the notice to comply and return it to the state board’s or district’s representative or an authorized or designated officer, stating that the person has complied with the notice to comply. A false statement that compliance has been achieved is a violation of this division pursuant to Section 42400.2 or 42402.2.
(c) A single notice to comply shall be issued for all minor violations cited during the same inspection and the notice to comply shall separately list each cited minor violation and the manner in which each minor violation may be brought into compliance.
(d) A notice to comply shall not be issued for any minor violation that is corrected immediately in the presence of the inspector. Immediate compliance in that manner may be noted in the inspection report, but the person shall not be subject to any further action by the state board’s or district’s representative or an authorized or designated officer.
(e) Except as otherwise provided in subdivision (g), a notice to comply shall be the only means by which the state board’s or district’s representative or an authorized or designated officer shall cite a minor violation. The state board’s or district’s representative or an authorized or designated officer shall not take any other enforcement action specified in this division to enforce the minor violation against a person who has received a notice to comply if the person is in compliance with this section.
(f) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations cited in the notice to comply, the person shall give written notice of appeal to the state board or district, which shall develop a process for reviewing and determining the disposition of the appeal.
(g) Notwithstanding any other provision of this section, if a person fails to comply with a notice to comply within the prescribed period, or if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to
the public health or safety or to
human health, safety, or welfare or
the environment, the state board or district or an authorized or designated officer may take any needed enforcement action authorized by this division.
(h) A notice to comply issued to a person pursuant to this section shall contain a statement that the inspected facility may be subject to reinspection at any time. Nothing in this section shall be construed as preventing the reinspection of a facility to ensure compliance or to ensure that minor violations cited in a notice to comply have been corrected.
(i) Nothing in this section shall be construed as preventing the state board or district or an authorized or designated officer, on a case-by-case basis, from requiring a person subject to a notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person.
(j) Nothing in this section restricts the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. Furthermore, nothing in this section prevents the state board or district, or any representative of the state board or district, from cooperating with, or participating in, such a proceeding.
(k) Notwithstanding any other provision of this section, if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that the assessment of a civil penalty pursuant to this division is warranted or required by federal law, in addition to issuance of a notice to comply, the state board or district or an authorized or designated officer shall assess a civil penalty in accordance with this division, if the state board or district or an authorized or designated officer makes written findings that set forth the basis for the determination of the state board or district.
39153.
On or before January 1, 2020, the state board shall report to the Legislature on actions taken by the state board and the districts to implement this chapter and the results of that implementation. Each district shall provide the state board with the information that the state board requests to determine the degree to which the purposes described in subdivision (a) of Section 39150 have been achieved. The report shall be submitted consistent with Section 9795 of the Government Code.
39154.
Sections 39150, 39151, and 39152 do not apply to a district that, as of January 1, 2015, has in effect a program with provisions similar to those required by this chapter.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law authorizes the State Air Resources Board and air pollution control and air quality management districts to enforce air quality laws. This bill would require the State Air Resources Board and air pollution control and air quality management districts to adopt regulations classifying minor violations. The bill would define the term “notice to comply” and would require a representative of those agencies, who in the course of conducting an inspection detects a minor violation, to issue a notice to comply, as specified. The bill would exempt an air pollution control or air quality management district from these provisions if it has in effect, as of January 1, 2015, a program with similar provisions, as specified. The bill would require the State Air Resources Board to report to the Legislature by January 1, 2020, regarding implementation of the bill. Because the bill would make a false statement of compliance submitted under those procedures a crime pursuant to specified provisions, the bill would impose a state-mandated local program by creating a new crime. In addition, the bill would impose a state-mandated local program by imposing new requirements on air pollution control and air quality management districts. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to add Chapter 3 (commencing with Section 39150) to Part 1 of Division 26 of the Health and Safety Code, relating to air pollution.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Various economic studies have shown that the biggest burden on family incomes is the cost of housing and transportation. These two variables greatly affect the quality of life for Californians.
(b) Los Angeles County voters have recognized the importance of investing in a transportation network that is responsive to the needs of commuters and transit users and that facilitates the movement of goods in the region. Los Angeles County has three existing voter-approved sales tax measures for transportation projects administered by Los Angeles County Metropolitan Transportation Authority (MTA).
(c) In 1980, voters in Los Angeles County approved Proposition A, a sales tax of one-half of 1 percent on most retail sales in Los Angeles County. The MTA returns 25 percent of Proposition A proceeds to the cities in Los Angeles County for transportation purposes. Thirty-five percent of Proposition A proceeds is required to be used for rail development while the remaining 40 percent is for discretionary purposes. Almost all of the discretionary portion is used to fund bus service provided by the MTA and 16 other municipal bus operators within Los Angeles County. The collection of the sales tax is ongoing.
(d) In 1990, voters in Los Angeles County approved Proposition C, an additional sales tax of one-half of 1 percent on retail sales in Los Angeles County. The MTA returns 20 percent of Proposition C proceeds to the cities in Los Angeles County for transportation purposes. Forty percent of the Proposition C proceeds is required to be used for construction and operation of the bus transit and rail system, 5 percent to expand rail and bus security, 10 percent for commuter
rail,
rail
and construction of transit centers, park and ride lots, and freeway bus stops, and 25 percent for transit-related improvements to freeways and state highways. The collection of the sales tax is ongoing.
(e) Most recently, voters in Los Angeles County approved Measure R in 2008. Measure R is an ordinance authorizing an additional sales tax of one-half of 1 percent to fund traffic relief and rail expansion according to an expenditure plan contained in the ordinance. Measure R became effective July 1, 2009, and will remain in effect for 30 years.
(f) MTA has been entrusted with the responsibility and has the voters’ confidence that it will protect and use the sales tax funding responsibly and according to the rules approved by the voters.
SEC. 2.
Section 130350.7 is added to the Public Utilities Code, to read:
130350.7.
(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax at the rate of 0.5 percent, for a period not to exceed 30 years, that is applicable in the incorporated and unincorporated areas of the County of Los Angeles.
(b) The ordinance imposing the tax shall contain all of the following:
(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include measures that ensure net revenues are shared equitably between regions of the county.
(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f).
(3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues.
(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan.
(5) A requirement that the MTA, during the period that the ordinance is operative, allocate
____
20
percent of all net revenues derived from the tax for bus operations. These revenues shall be allocated to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate
____
5
percent of all net revenues derived from the tax for rail operations.
(c) The MTA shall notify the Legislature prior to the adoption of amendments to the adopted expenditure plan.
(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters.
(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution.
(f) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of this chapter and any successor act.
(g) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.

Summary: Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5 for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. This bill would authorize the MTA to impose an additional transportation transactions and use tax at a rate of 0.5, for a period not to exceed 30 years, subject to various requirements, including the adoption of an expenditure plan and voter approval. The Transactions and Use Tax Law limits to 2 the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. This bill would exempt the transactions and use tax authorized by the bill from this limitation.

An act to add Section 130350.7
to,
to
the Public Utilities Code, relating to transportation.


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

SECTION 1.
Section 10010 of the Elections Code is amended to read:
10010.
(a) A political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district-based elections:
(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation.
(2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted.
(b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of this code), and it shall take into account the preferences expressed by members of the districts.
(c) This section applies to, but is not limited to, a proposal that is required due to a court-imposed change from an at-large method of election to a district-based election.
(d) For purposes of this section, the following terms have the following meanings:
(1) “At-large method of election” has the same meaning as set forth in subdivision (a) of Section 14026.
(2) “District-based election” has the same meaning as set forth in subdivision (b) of Section 14026.
(3) “Political subdivision” has the same meaning as set forth in subdivision (c) of Section 14026.
(e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision’s method of conducting elections may violate the California Voting Rights Act.
(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision’s receipt of the written notice described in paragraph (1).
(3) (A) Before receiving a written notice described in paragraph (1), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so.
(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution’s passage.
(f) (1) If a political subdivision adopts an ordinance establishing district-based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance’s adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3).
(2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45-day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3).
(3) The amount of reimbursement required by this section is capped at $30,000, as adjusted annually to the Consumer Price Index for All Urban Consumers, U.S. city average, as published by the United States Department of Labor.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by districts formed within the political subdivision (district-based). Existing law requires a political subdivision, as defined, that changes from an at-large method of election to a district-based election to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. This bill would instead require a political subdivision that changes to, or establishes, district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large method of election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce its provisions. This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation, and it would stay the prospective plaintiff’s ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice. Because the bill would impose additional duties on local agencies, 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 10010 of the Elections Code, relating to elections.


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

SECTION 1.
The Legislature finds and declares that the environmental degradation of Bouquet Creek in Bouquet Canyon caused by a devastating wildfire in 2002 and the historic floods in the winter of 2004–05 has severely impacted the habitat of the unarmored threespine stickleback. In order to restore the environment for this fully protected species, the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, must be authorized to take the unarmored threespine stickleback to complete their environmental restoration project on Bouquet Creek in Bouquet Canyon.
SEC. 2.
Section 2081.6 is added to the Fish and Game Code, to read:
2081.6.
(a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied:
(1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive.
(2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek.
(3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback.
(4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects.
(5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback.
(6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take.
(7) The take authorization provides for the development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the unarmored threespine stickleback.
(b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law.
(c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir.
SEC. 3.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in Section 2081.6, 2081.7, or 2835, fully protected fish or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected fish, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) Legally imported fully protected fish or parts thereof may be possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Thicktail chub (Gila crassicauda).
(3) Mohave chub (Gila mohavensis).
(4) Lost River sucker (Catostomus luxatus).
(5) Modoc sucker (Catostomus microps).
(6) Shortnose sucker (Chasmistes brevirostris).
(7) Humpback sucker (Xyrauchen texanus).
(8) Owens River pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 3.5.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in this section, Section 2081.6, Section 2081.7, or Section 2835, a fully protected fish may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish may be possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Thicktail chub (Gila crassicauda).
(3) Mohave chub (Gila mohavensis).
(4) Lost River sucker (Catostomus luxatus).
(5) Modoc sucker (Catostomus microps).
(6) Shortnose sucker (Chasmistes brevirostris).
(7) Humpback sucker (Xyrauchen texanus).
(8) Owens River pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 4.
Section 3.5 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1527. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1527, in which case Section 5515 of the Fish and Game Code, as amended by Section 3 of this bill, shall remain operative only until the operative date of Assembly Bill 1527, at which time Section 3.5 of this bill shall become operative.
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:
In order for the unarmored threespine stickleback habitat restoration project on Bouquet Creek in Bouquet Canyon proposed by the Los Angeles County Department of Public Works to receive a take permit from the Department of Fish and Wildlife so that this project may begin as soon as possible, it is necessary for this act to take effect immediately.

Summary: Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied. This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 5515 of, and to add Section 2081.6 to, the Fish and Game Code, relating to fish, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 1531.6 is added to the Code of Civil Procedure, to read:
1531.6.
(a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the reported owner of the safe deposit box or other safekeeping repository.
(b) A notice sent pursuant to this section shall not contain a photograph or likeness of an elected official.
(c) (1) Notwithstanding any other law, upon request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property.
(2) If the address or other identification or location information requested by the Controller is deemed confidential under any law or regulation of the state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information, except as may be necessary in attempting to locate the owner of unclaimed property.
(3) This subdivision shall not be construed to require disclosure of information in violation of federal law.
(4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay the customary fee or charge.
(d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act.
SEC. 2.
Section 1563 of the Code of Civil Procedure is amended to read:
1563.
(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in his or her judgment the most favorable market for the property involved, or the Controller may conduct the sale by electronic media, including, but not limited to, the Internet, if in his or her judgment it is cost effective to conduct the sale of the property involved in that manner. However, no sale shall be made pursuant to this subdivision until 18 months after the final date for filing the report required by Section 1530. The Controller may decline the highest bid and reoffer the property for sale if he or she considers the price bid insufficient. The Controller need not offer any property for sale if, in his or her opinion, the probable cost of sale exceeds the value of the property. Any sale of escheated property held under this section shall be preceded by a single publication of notice thereof, at least one week in advance of sale, in an English language newspaper of general circulation in the county where the property is to be sold.
(b) Securities listed on an established stock exchange shall be sold at the prevailing prices on that exchange. Other securities may be sold over the counter at prevailing prices or, with prior approval of the California Victim Compensation and Government Claims Board, by any other method that the Controller may determine to be advisable. These securities shall be sold by the Controller no sooner than 18 months, but no later than 20 months, after the final date for filing the report required by Section 1530. If securities delivered to the Controller by a holder of the securities remain in the custody of the Controller, a person making a valid claim for those securities under this chapter shall be entitled to receive the securities from the Controller. If the securities have been sold, the person shall be entitled to receive the net proceeds received by the Controller from the sale of the securities. United States government savings bonds and United States war bonds shall be presented to the United States for payment. Subdivision (a) does not apply to the property described in this subdivision.
(c) (1) All escheated property consisting of military awards, decorations, equipment, artifacts, memorabilia, documents, photographs, films, literature, and any other item relating to the military history of California and Californians that is delivered to the Controller is exempt from subdivision (a) and may, at the discretion of the Controller, be held in trust for the Controller at the California State Military Museum and Resource Center, or successor entity. All escheated property held in trust pursuant to this subdivision is subject to the applicable regulations of the United States Army governing Army museum activities as described in Section 179 of the Military and Veterans Code. Any person claiming an interest in the escheated property may file a claim to the property pursuant to Article 4 (commencing with Section 1540).
(2) The California State Military Museum and Resource Center, or successor entity, shall be responsible for the costs of storage and maintenance of escheated property delivered by the Controller under this subdivision.
(d) The purchaser at any sale conducted by the Controller pursuant to this chapter shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The Controller shall execute all documents necessary to complete the transfer of title.

Summary: Existing law, the Unclaimed Property Law, governs the disposition of unclaimed property, including the escheat of certain property to the state. Existing law provides for the escheat to the state of the contents of, or proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository held in the state by a business association, as specified. In cases where the contents of a safe deposit box or other safekeeping repository escheat to the state, existing law requires the business association to report to the Controller certain information regarding the property and owner, including a description of the property and the place where it is held and may be inspected by the Controller. Within 165 days after the final date for filing the report, existing law requires the Controller to mail a notice to each person having an address listed in the report who appears to be entitled to property escheated, as specified. This bill would additionally authorize the Controller to mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award inside a safe deposit box or other safekeeping repository whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the name of the reported owner.

An act to amend Section 1563 of, and to add Section 1531.6 to, the Code of Civil Procedure, relating to unclaimed property.