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

SECTION 1.
Section 2699 of the Labor Code is amended to read:
2699.
(a) Notwithstanding any other
provision of
law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3.
(b) For purposes of this part, “person” has the same meaning as defined in Section 18.
(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed.
(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3.
(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty.
(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.
(3) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), if, after notice and hearing, the court finds that an employee suffered no appreciable physical or economic harm, the court may dismiss the action as to that employee.
(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows:
(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500).
(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation.
(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty.
(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part.
(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.
(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3.
(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees.
(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes.
(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment.
(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part.
(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a.
(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement this part.

Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act authorizes a court to exercise the same discretion to assess a civil penalty as the agency, subject to the same limitations and conditions. The act also authorizes a court, in any action by an aggrieved employee seeking recovery of a civil penalty, to award a lesser amount than the maximum civil penalty amount specified by the act if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. This bill would authorize a court to dismiss an action as to an aggrieved employee seeking recovery of a civil penalty, if, after notice and hearing, the court finds that the aggrieved employee suffered no appreciable physical or economic harm.


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

SECTION 1.
Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:
2101.
(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 2.
Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read:
2101.
(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
(c) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 3.
Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.”
SEC. 4.
Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 5.
Section 2106 of the Elections Code, as amended by Section 5 of Chapter 728 of the Statutes of 2015, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.
Section 2106 of the Elections Code, as amended by Section 6 of Chapter 728 of the Statutes of 2015, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.”
SEC. 7.
Section 2212 of the Elections Code, as amended by Section 95 of Chapter 784 of the Statutes of 2002, is amended to read:
2212.
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the county elections official, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 8.
Section 2212 of the Elections Code, as amended by Section 65 of Chapter 728 of the Statutes of 2015, is amended to read:
2212.
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 9.
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: The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. This bill, for purposes of determining who is entitled to register to vote, would define imprisoned as currently serving a state or federal prison sentence and would define parole as a term of supervision by the Department of Corrections and Rehabilitation. The bill would clarify that conviction does not include a juvenile adjudication. Existing law requires any program adopted by a county pursuant to certain provisions that is designed to encourage the registration of electors, with respect to any printed literature or media announcements made in connection with the program, to contain a statement that a person entitled to register to vote must be a United States citizen, a California resident, not in prison or on parole for conviction of a felony, and at least 18 years of age at the time of the election. This bill would instead require that the statement, as described above, state that a person entitled to register to vote must be a United States citizen, a California resident, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. By requiring a county to change the statement included as part of its voter registration program, as described above, the bill would impose a state-mandated local program. Existing law requires the clerk of the superior court of each county, on the basis of the records of the court, to furnish to the chief elections official of the county, at least on April 1 and September 1 of each year, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerk’s last report. Existing law requires the elections official to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. This bill would instead require that the statement furnished by the clerk of the superior court of each county to the county elections official show the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of the conviction of a felony since the clerk’s last report. 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 2101, 2106, and 2212 of the Elections Code, relating to voting.


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

SECTION 1.
This act shall be known and may be cited as the Hospital Executive Compensation Transparency Act of 2016.
SEC. 2.
The Legislature finds and declares all of the following:
(a) The public has a direct and immediate interest in ensuring its money is spent efficiently and wisely. Through direct cash payments and exemptions from paying taxes, nonprofit hospitals receive billions in taxpayer funds.
(b) The compensation packages of chief executive officers, executives, managers, and administrators of hospitals, hospital groups, and affiliated medical entities that operate under nonprofit corporate status are often excessive, unnecessary, and inconsistent with the corporations’ charitable purposes, as revealed by compensation surveys and other sources.
(c) Payment of excessive compensation to executives, managers, and administrators undermines the purposes of nonprofit corporations because it results in fewer funds being available for their charitable purposes, and it is often the case that the hospitals, hospital groups, and affiliated medical entities that pay the most excessive compensation also provide less charitable care than comparable institutions that pay reasonable compensation to their executives, managers, and administrators.
(d) Existing requirements of law do not adequately ensure that assets held for charitable purposes are not instead used to enrich executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through payment of excessive compensation.
(e) The compensation packages for chief executive officers, executives, managers, and administrators of for-profit hospitals in California are often excessive, unnecessary, and inconsistent with the provision of high-quality, affordable medical care, by diverting funds that could be used to expand access to affordable medical care for all Californians.
(f) Chief executive officers, executives, managers, and administrators at hospitals, hospital groups, and affiliated medical entities who are also compensated for their positions on boards of directors of publicly traded companies, privately held companies, and nonprofit organizations risk spending time away from their primary responsibilities to the detriment of high-quality, affordable medical care.
(g) In order to properly assess the scope of excessive compensation packages in the nonprofit hospital sector and to inform policy decisions related to escalating health care costs, it is necessary to understand excessive compensation among private hospitals.
(h) In order to ensure equal opportunity and compensation among health care workers in California, it is necessary to understand compensation by job classification and by race, ethnicity, gender, sexual orientation, and gender identity.
(i) It is the intent of the Legislature in enacting this act to ensure that compensation packages for chief executive officers, executives, managers, and administrators of for-profit and nonprofit hospitals are consistent with the goal of providing affordable, high-quality medical care to all Californians.
(j) The intent of the Legislature in enacting this act is also to ensure that compensation packages for chief executive officers, executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities are consistent with the charitable purposes of those nonprofits and are reasonable and not excessive in light of the substantial public benefit that the state tax exemption for nonprofit organizations conveys.
(k) It is also the intent of the Legislature in enacting this act to ensure that compensation packages for employees of for-profit and nonprofit hospitals are not discriminatory based on race, ethnicity, gender, sexual orientation, or gender identity.
SEC. 3.
Chapter 2.17 (commencing with Section 1339.85) is added to Division 2 of the Health and Safety Code, to read:
CHAPTER  2.17. Hospital Executive Compensation Transparency Act of 2016
1339.85.
For purposes of this chapter, the following definitions shall have the following meanings:
(a) “Annual hospital executive compensation report” refers to the report described in Section 1339.87.
(b) “Board compensation” shall mean the total annual compensation provided to each hospital executive by any publicly traded company, privately held company, or nonprofit organization on whose board of directors a hospital executive sits and from which the hospital executive received total annual compensation of more than one thousand dollars ($1,000).
(c) (1) “Covered hospital or medical entity” shall mean any of the following:
(A) A private nonprofit general acute care hospital, as defined in subdivision (a) of Section 1250.
(B) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250.
(C) Any private for-profit general acute care hospital that is licensed under subdivision (a) or (b) of Section 1250 and operated within the state for profit under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code, including by a foreign corporation.
(D) A hospital group, which shall mean any group of two or more hospitals described in subparagraphs (A) to (C), inclusive, or any person, corporation, partnership, limited liability company, trust, or other entity that owns, operates, or controls, in whole or in part, any such group.
(E) A hospital-affiliated medication foundation, which shall mean a medical foundation, as described in subdivision (l) of Section 1206, that satisfies either or both of the following conditions:
(i) The medical foundation is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, hospital-affiliated physicians group, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.
(ii) A majority of the medical foundation’s assets are owned by a hospital, hospital group, or hospital-affiliated physicians group or by a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group, or the medical foundation owns a majority of the assets of a hospital, hospital group, or hospital-affiliated physicians group or of a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.
(F) A hospital-affiliated physicians group, which shall mean any physicians group or medical group that satisfies either or both of the following conditions:
(i) The physicians group is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.
(ii) A majority of the physicians group’s assets are owned by a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.
(G) A health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.
(2) “Covered hospital or medical entity” shall not include any of the following:
(A) Hospitals operated or licensed by the United States Department of Veterans Affairs or public hospitals as defined in paragraph (25) of subdivision (a) of Section 14105. 98 of the Welfare and Institutions Code, with the exception of hospitals owned or operated by a health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.
(B) Designated public hospitals, as described in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code.
(d) “Executive compensation reporting threshold” shall mean the total annual compensation from any source for work performed or services provided at or for the covered hospital or medical entity that is greater than
two hundred fifty thousand dollars ($250,000)
three hundred thousand dollars ($300,000)
in a year.
(e) (1) “Hospital executive” shall mean all persons whose primary duties are executive, managerial, or administrative at or for the covered hospital or medical entity, even if that person also performs or performed other duties.
(2) “Hospital executive” shall include, but is not limited to, chief executive officers, chief executive managers, chief executives, executive officers, executive directors, chief financial officers, presidents, executive presidents, vice presidents, executive vice presidents, and other comparable positions.
(3) The definition of “hospital executive” shall apply irrespective of whether the person exercising executive, managerial, or administrative authority is or was an employee of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. The definition shall also apply to any person who exercises or exercised such authority even if the arrangements for such authority or for compensation or both are pursuant to a contract or subcontract.
(4) “Hospital executive” shall include any person who held the duties described under this paragraph during the period covered by the annual report, even if the person is postemployment or postservice.
(5) “Hospital executive” shall not apply to medical or health care professionals whose primary duties are or were the provision of medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services.
(f) “Office” means the Office of Statewide Health Planning and Development.
(g) (1) “Total annual compensation” shall mean all remuneration paid, earned, or accrued in the course of a fiscal year for work performed or services provided, including the cash value of all remuneration (including benefits) in any medium other than cash, except as otherwise specified in paragraph (2), and including, but not limited to, all of the following:
(A) Wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; the fair market value of below-market-rate loans or loan forgiveness; housing payments; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; the cash value of housing, automobiles, parking, or similar benefits; scholarships or fellowships; the cash value of dependent care or adoption assistance or personal legal or financial services; the cash value of stock options or awards; payments or contributions for insurance, except as exempted in paragraph (2), to a Section 125 cafeteria plan or equivalent arrangement, to a health savings account, or for severance or its equivalent; and deferred compensation earned or accrued, even if not yet vested nor paid.
(B) The total value in the aggregate of the compensation or payments authorized or paid under a severance or similar postservice or postemployment arrangement, to include the fair market value of all cash remuneration as well as the fair market value of all remuneration (including benefits) paid in any medium other than cash, as defined in paragraph (1), subject to the exclusion set forth in paragraph (2).
(C) Payments, compensation, or remuneration for work performed or services provided at or for a covered hospital or medical entity even if made by a separate person or entity, including, but not limited to, any of the following:
(i) A for-profit or unincorporated entity.
(ii) A corporation, partnership, or limited liability company.
(iii) A trust or other entity that is controlled by the same person or persons who govern a covered hospital or medical entity.
(iv) A supporting or supported organization within the meaning of Sections 509(a)(3) and 509(f)(3) of the Internal Revenue Code.
(v) A disregarded entity of, or related organization as set forth within, the Internal Revenue Service Form 990 of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity.
(D) Payment of compensation or remuneration by any person, corporation, partnership, limited liability company, trust, or other entity that a covered hospital or medical entity, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity, participates in, belongs to, is a member of, or pays into shall be presumed compensation for work performed or services provided at or for the covered hospital or medical entity.
(2) “Total annual compensation” shall not include the cost of health insurance or disability insurance or payments or contributions to a health reimbursement account.
1339.87.
(a) On and after October 1, 2017, each covered hospital or medical entity shall submit an annual hospital executive compensation report to the office for every hospital executive whose total annual compensation met or exceeded the executive compensation reporting threshold. The report shall include all of the following information for the prior fiscal year:
(1) The names, positions, or titles of each hospital executive and the aggregate total annual compensation for each hospital executive at or exceeding the executive compensation reporting threshold, including all of the information described under subdivision (g) of Section 1339.85, with a description of each entity that has contributed to the total annual compensation of each hospital executive, in any form, and the amount of such compensation.
(2) A detailed breakdown of all wage and nonwage compensation.
(3) Identification of any benefit or remuneration excluded from the definition of total annual compensation pursuant to paragraph (2) of subdivision (g) of Section 1339.85.
(4) A detailed breakdown of board compensation, which shall include all of the following:
(A) The name of the publicly traded company, privately held company, or nonprofit organization that provided the board compensation.
(B) The number of hours the hospital executive spent on matters related to their duties as a director of the publicly traded company, privately held company, or nonprofit organization for which the board compensation was received.
(b) Consistent with the annual equal employment opportunity and compensation report on employees’ ethnicity, race, and sex by job category and compensation required by Part 1602 of Chapter XIV of Subtitle B of Title 29 of the Code of Federal Regulations, on or after October 1, 2017, and annually thereafter, each covered hospital or medical entity with 100 or more employees shall submit to the office all of the following information for the prior fiscal year:
(1) The number of employees earning annual total compensation in 12 pay bands, as proposed by the federal Equal Employment Opportunity Commission in the Federal Register, Volume 81, Number 20, on February 1, 2016, on pages 5113 to 5121, inclusive, for each of the eight employee classifications defined in the office’s hospital annual financial data and by self-reported gender, ethnicity, and race, and voluntarily self-reported sexual orientation and gender identity.
(2) The total number of hours worked by the employees included in each pay band described in paragraph (1).
(c) On and after January 1, 2018, the office shall post the annual hospital executive compensation report for each covered hospital or medical entity on the office’s Internet Web site.
(d) The annual report shall be submitted on the form or in the format required by the office.
(e) (1) The board of directors of any nonprofit or for-profit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity shall approve the annual report before it is submitted to the office.
(2) Each director shall act in good faith and with reasonable care and inquiry in approving the annual report and in ensuring that the corporation complies with the requirements of this section.
(3) For each covered hospital or medical entity governed, owned, or controlled by a board of directors, the annual report shall state that it was approved by the board of directors and set forth the date of such approval, and shall be attested to under penalty of perjury by an authorized representative of the covered hospital or medical entity board of directors.
(f) (1) Any scheme or artifice that has the purpose of avoiding the reporting requirements established by this section shall constitute a violation of this section.
(2) Payments, compensation, or remuneration by a separate entity that is purported not to be for work performed or services provided at or for a covered hospital or medical entity, but that is disproportionate to its purported purpose so as to evade the annual hospital executive compensation reporting requirements specified in this section, shall constitute a violation of this section.
(g) The office shall establish and assess reasonable fees, to be submitted with each annual report, to cover only the reasonable costs of implementing and ensuring compliance with this section and each activity authorized or required by this section.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. This bill would require covered hospitals and medical entities, as defined, to annually submit to the Office of Statewide Health Planning and Development an executive compensation report for every executive whose annual compensation exceeds a specified threshold. The bill would also require each covered hospital or medical entity with 100 or more employees to annually report compensation information by employee classification and by gender, ethnicity, race, sexual orientation, and gender identity, as self-reported by its employees. The bill would require specified information to be included in these reports, and would require that certain reports be attested to under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would authorize the office to impose a reasonable fee to cover the costs of implementation and administration of these provisions. The bill would require the office to post these reports on its Internet Web site. 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 2.17 (commencing with Section 1339.85) to Division 2 of the Health and Safety Code, relating to health facilities.


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

SECTION 1.
Section 7522.20 of the Government Code is amended to read:
7522.20.
(a) Except as provided in subdivision (c) or (d), each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age.
Age of Retirement
Fraction
52  ........................
1.000
52
1/4
........................
1.025
52
1/2
........................
1.050
52
3/4
........................
1.075
53  ........................
1.100
53
1/4
........................
1.125
53
1/2
........................
1.150
53
3/4
........................
1.175
54  ........................
1.200
54
1/4
........................
1.225
54
1/2
........................
1.250
54
3/4
........................
1.275
55  ........................
1.300
55
1/4
........................
1.325
55
1/2
........................
1.350
55
3/4
........................
1.375
56  ........................
1.400
56
1/4
........................
1.425
56
1/2
........................
1.450
56
3/4
........................
1.475
57  ........................
1.500
57
1/4
........................
1.525
57
1/2
........................
1.550
57
3/4
........................
1.575
58  ........................
1.600
58
1/4
........................
1.625
58
1/2
........................
1.650
58
3/4
........................
1.675
59  ........................
1.700
59
1/4
........................
1.725
59
1/2
........................
1.750
59
3/4
........................
1.775
60  ........................
1.800
60
1/4
........................
1.825
60
1/2
........................
1.850
60
3/4
........................
1.875
61  ........................
1.900
61
1/4
........................
1.925
61
1/2
........................
1.950
61
3/4
........................
1.975
62  ........................
2.000
62
1/4
........................
2.025
62
1/2
........................
2.050
62
3/4
........................
2.075
63  ........................
2.100
63
1/4
........................
2.125
63
1/2
........................
2.150
63
3/4
........................
2.175
64  ........................
2.200
64
1/4
........................
2.225
64
1/2
........................
2.250
64
3/4
........................
2.275
65  ........................
2.300
65
1/4
........................
2.325
65
1/2
........................
2.350
65
3/4
........................
2.375
66  ........................
2.400
66
1/4
........................
2.425
66
1/2
........................
2.450
66
3/4
........................
2.475
67  ........................
2.500
(b) Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10.
(c) A new member of the State Teachers’ Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code.
(d) With respect to new members, a public agency participating in the Public Employees’ Retirement System pursuant to contract may provide the formula established in Section 21354.6 in lieu of this section and subject to the requirements of Section 21354.6.
SEC. 2.
Section 21354.6 is added to the Government Code, to read:
21354.6.
(a)
Notwithstanding any other law, a contracting agency may make the formula provided in this section applicable to miscellaneous, nonsafety employees hired after January 1, 2017,
and who are otherwise new members as defined in Section 7522.04,
provided that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding, the contracting agency adopts
a resolution or
an ordinance to this effect, and the agency’s contract is amended in the manner prescribed for approval of contracts or, in the case of a new contract, by express provision in the contract. The pension at retirement for service provided by this section shall be equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of
state
service and upon reaching 55 years of
age.
age, except as provided in Section 21060.
Age of Retirement
Fraction
55  ........................
1.000
55
1/4
........................
1.025
55
1/2
........................
1.050
55
3/4
........................
1.075
56  ........................
1.100
56
1/4
........................
1.125
56
1/2
........................
1.150
56
3/4
........................
1.175
57  ........................
1.200
57
1/4
........................
1.225
57
1/2
........................
1.250
57
3/4
........................
1.275
58  ........................
1.300
58
1/4
........................
1.325
58
1/2
........................
1.350
58
3/4
........................
1.375
59  ........................
1.400
59
1/4
........................
1.425
59
1/2
........................
1.450
59
3/4
........................
1.475
60  ........................
1.500
60
1/4
........................
1.525
60
1/2
........................
1.550
60
3/4
........................
1.575
61  ........................
1.600
61
1/4
........................
1.625
61
1/2
........................
1.650
61
3/4
........................
1.675
62  ........................
1.700
62
1/4
........................
1.725
62
1/2
........................
1.750
62
3/4
........................
1.775
63  ........................
1.800
63
1/4
........................
1.825
63
1/2
........................
1.850
63
3/4
........................
1.875
64  ........................
1.900
64
1/4
........................
1.925
64
1/2
........................
1.950
64
3/4
........................
1.975
65  ........................
2.000
65
1/4
........................
2.025
65
1/2
........................
2.050
65
3/4
........................
2.075
66  ........................
2.100
66
1/4
........................
2.125
66
1/2
........................
2.150
66
3/4
........................
2.175
67  ........................
2.200
67
1/4
........................
2.225
67
1/2
........................
2.250
67
3/4
........................
2.275
68  ........................
2.300
68
1/4
........................
2.325
68
1/2
........................
2.350
68
3/4
........................
2.375
69  ........................
2.400
69
1/4
........................
2.425
69
1/2
........................
2.450
69
3/4
........................
2.475
70  ........................
2.500
(b) Unless otherwise permitted by law, a miscellaneous, nonsafety employee, who is not a new member as defined in Section 7522.04, shall be subject to the benefit formula in Section 7522.20 if employed by a public employer that did not contract with this system to provide retirement benefits on or before December 31, 2012.
(c) Pensionable compensation used to calculate the defined benefit pursuant to this section shall be limited as described in Section 7522.10.

Summary: The Public Employees’ Retirement Law authorizes a public agency to participate in, and make all or part of its employees members of, the Public Employees’ Retirement System (PERS) by a contract entered into between its governing body and the board of administration of the system. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas for employees first hired on or after January 1, 2013, as specified. This bill would authorize a public agency that has contracted with the board of administration of PERS to offer an alternative formula from that required by PEPRA, to be applicable to miscellaneous, nonsafety employees hired after January 1, 2017, and who are new members, as defined, if specified contingencies are satisfied, including that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding. The bill would require that miscellaneous, nonsafety employees who are not new members, as defined, if they are employed by a public employer that did not contract with PERS prior to December 31, 2012, be covered by the default benefit formula under PEPRA. The bill would specify what is pensionable compensation for these purposes.

An act to amend Section 7522.20 of, and to add Section 21354.6 to, the Government Code, relating to public employees’ retirement.


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

SECTION 1.
This act shall be known and may be cited as the Charles Emmanuel Briggs Memorial Act of 2016.
SEC. 2.
Section 12022.53 of the Penal Code is amended to read:
12022.53.
(a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state prison for life.
(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b) Notwithstanding any other
provision of
law,
any
a
person who, in the commission of a felony specified in subdivision (a), personally uses a
firearm,
firearm or crossbow
shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm
or crossbow
need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other
provision of
law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a
firearm,
firearm or crossbow
shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other
provision of
law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm
or crossbow
and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm
or crossbow
in the commission of the offense.
(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other
provision of
law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section.
(h) Notwithstanding Section 1385 or any other
provision of
law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section.
(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other provision of law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
When
If
an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other
provision of
law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k)
When
If
a person is found to have used or discharged a firearm
or crossbow
in the commission of an offense that includes an allegation pursuant to this section and the firearm
or crossbow
is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm
or crossbow
be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(l) The enhancements specified in this section
shall
do
not apply to the lawful use or discharge of a firearm
or crossbow
by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.
(m) For the purposes of this section, “crossbow” means any device that is designed to fire a bolt or arrow projectile by releasing a string or wire held at tension, including, but not limited to, crossbows, compound bows, and long bows.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law provides for specified enhancements for the use or discharge of a firearm, or discharge of a firearm that causes serious bodily injury or death, in connection with certain offenses, as specified. This bill would also make those enhancements applicable if the weapon used or discharged is a crossbow. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 12022.53 of the Penal Code, relating to sentencing.


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

SECTION 1.
Section 1970 of the Business and Professions Code is amended to read:
1970.
There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program.
SEC. 2.
Section 1970.5 of the Business and Professions Code is amended to read:
1970.5.
It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program.
SEC. 3.
Section 1971 of the Business and Professions Code is repealed.
SEC. 4.
Section 1971 is added to the Business and Professions Code, to read:
1971.
As used in this article:
(a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund.
(b) “Board” means the Dental Board of California.
(c) “Dentally underserved area” means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code.
(d) “Dentally underserved population” means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations.
(e) “Fund” means the State Dentistry Fund.
(f) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes.
(g) “Program” means the California Dental Corps Loan Repayment Program.
(h) “Practice setting” means either of the following:
(1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.
(2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.
SEC. 5.
Section 1972 of the Business and Professions Code is repealed.
SEC. 6.
Section 1972 is added to the Business and Professions Code, to read:
1972.
(a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements.
(2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant’s account number and the lender’s contact information, as well as current balance owing and monthly installment plan details, if applicable.
(3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed.
(4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked.
(5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer’s designee. A progress report shall verify the practice setting’s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient’s payer source.
(b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas:
(1) Speaks one or more Medi-Cal threshold languages.
(2) Comes from an economically disadvantaged background with economic, social, or other circumstances.
(3) Has worked in a health field in an underserved area or with an underserved population.
(4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation.
(5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language.
(c) The practice setting shall meet one or both of the following criteria:
(1) The practice setting shall be located in a dentally underserved area.
(2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations.
(d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. “Full-time basis” means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis.
(e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis.
(f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants.
(g) The board shall develop a process for a program participant’s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following:
(1) Recipient’s termination of full-time, qualified employment.
(2) Recipient’s failure to maintain his or her professional license in good standing.
(3) Recipient’s failure to comply with any other term or condition of this article.
(h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings.
SEC. 7.
Section 1973 of the Business and Professions Code is amended to read:
1973.
(a) The Dentally Underserved Account is hereby created in the State Dentistry Fund.
(b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows:
(1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003–04 fiscal year for operating expenses necessary to manage this program.
(2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004–05 fiscal year for operating expenses necessary to manage this program.
(3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005–06 fiscal year for operating expenses necessary to manage this program.
(c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists.
(1) Funds paid out for loan repayment may have a funding match from foundation or other private sources.
(2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist.
(3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant.
(d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program.
(e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists.
(f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended.
SEC. 8.
Section 1975 of the Business and Professions Code is repealed.
SEC. 9.
Section 1975 is added to the Business and Professions Code, to read:
1975.
The terms of loan repayment granted under this article shall be as follows:
(a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount.
(b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient’s account.
(c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient’s participation in the program.
SEC. 10.
Section 1976 of the Business and Professions Code is amended to read:
1976.
(a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following:
(1) The number of program participants.
(2) The practice locations.
(3) The amount expended for the program.
(4) The information on annual progress reports by program participants.
(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 11.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that low-income communities immediately receive the dental care they desperately lack as soon as possible by removing barriers to available and unused special funds for dentists who seek to serve designated underserved populations, it is necessary that this act take effect immediately.

Summary: Under the Dental Practice Act, the Dental Board of California is responsible for the licensure and regulation of dentists. Existing law establishes the Dental Corps Loan Repayment Program of 2002 to assist dentists who practice in an underserved area with loan repayment pursuant to an agreement between the board and the dentist, as specified. Existing law governs eligibility, application, selection, placement, and repayment for the program, and authorizes the board to adopt standards to implement the program relating to eligibility, placement, and termination. Existing law creates the Dentally Underserved Account within the State Dentistry Fund and moneys in the account are continuously appropriated for purposes of the program. This bill would require that the program be known as the California Dental Corps Loan Repayment Program and would revise program provisions regarding eligibility, application, selection, and placement. The bill would require the board to develop a process for repayment of loans or grants disbursed if the participant is terminated from the program or is not able to complete the required service obligation, as provided. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 1970, 1970.5, and 1973 of, to amend and repeal Section 1976 of, and to repeal and add Sections 1971, 1972, and 1975 of, the Business and Professions Code, relating to dentistry, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Foothill Feeder below Castaic Dam in the County of Los Angeles is the primary conduit for water from the State Water Project for the southern California region served by the Metropolitan Water District of Southern California. The Metropolitan Water District of Southern California is a public agency comprised of 26 member public agencies – 14 cities, 11 municipal water districts, and one county water authority – and provides water to approximately 19 million people in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura.
(b) Water supplies from the State Water Project are a critical part of southern California’s water supply portfolio, and any interruption of that supply must be minimized to ensure delivery of clean and reliable water supplies for municipal and industrial uses, including health and human safety, and to water agencies and cities that rely upon water supply deliveries from the Metropolitan Water District of Southern California.
(c) Periodic dewatering, inspection, maintenance, modification, or repair, including emergency repairs, require that all or a portion of the Foothill Feeder be dewatered into the Santa Clara River and certain of its tributaries where unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) may be present during these activities. Thus, to protect southern California water supplies, the incidental take of unarmored threespine stickleback must be permitted for the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder.
(d) During the permit application process pursuant to Section 2081.10 of the Fish and Game Code, the Metropolitan Water District of Southern California shall consult with the Department of Fish and Wildlife and the United States Fish and Wildlife Service with respect to feasible mitigation and conservation measures that may be adopted pursuant to that section. These measures shall be consistent with any state or federal wildlife agency recovery plan adopted for the long-term conservation of the unarmored threespine stickleback in the Santa Clara River watershed.
SEC. 2.
Section 2081.10 is added to the Fish and Game Code, to read:
2081.10.
(a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, contingent upon the fulfillment of the following conditions:
(1) The department determines that the requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback.
(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3) The take authorization provides for the development and implementation, in cooperation with the department, of an adaptive management plan for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take and to satisfy the conservation standard of subdivision (d) of Section 2805.
(4) A biologist who has substantial relevant experience evaluating impacts to inland fisheries is on duty whenever an activity is conducted that may affect the unarmored threespine stickleback.
(5) The Metropolitan Water District of Southern California consults with the department to consider feasible measures to avoid and minimize incidental take of unarmored threespine stickleback. For purposes of this paragraph, “feasible” has the same meaning as defined in Section 15364 of Title 14 of the California Code of Regulations.
(b) The take authorization shall cover any incidental take of unarmored threespine stickleback attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Foothill Feeder that may occur in the following locations:
(1) Within the Santa Clara River, from the Bouquet Canyon Road Bridge to a point located 4,000 feet downstream of where Commerce Center Drive, as of January 1, 2016, dead-ends adjacent to the Santa Clara River.
(2) From the confluence with the Santa Clara River upstream to the following locations:
(A) In Charlie Canyon to a point 1,000 feet upstream of the Foothill Feeder facility dewatering structure.
(B) In San Francisquito Creek to the Copper Hill Drive bridge.
(C) In Placerita Creek to the Hacienda Lane crossing.
(D) In Bouquet Creek to the Newhall Ranch Road Bridge.
(c) The take authorization shall also cover any incidental take of unarmored threespine stickleback that may occur in the course of implementing mitigation or conservation actions required in the permit issued pursuant to subdivision (a) as may be modified through an adaptive management plan adopted pursuant to paragraph (3) of subdivision (a).
(d) The permit issued pursuant to subdivision (a) shall include conditions that cover biological and scientific considerations including, but not limited to, criteria for the handling of stranded fish and their relocation into suitable habitat, the dewatering of the Foothill Feeder, and the reasonable and feasible mimicking of streamflows. The permit conditions shall be in compliance with the project description, mitigation measures, and release plan set forth in the certified environmental impact report known as the “Foothill Feeder Repair and Future Inspections Project Environmental Impact Report, January 2005, State Clearinghouse Number 2005071082.” The permit conditions are subject to amendment when required by the adaptive management plan or when modified by a subsequent final environmental document pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(e) This section shall not be construed to exempt from any other law the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder.
(f) If the Metropolitan Water District of Southern California receives a permit under this section, the permit shall require the district to report to the department within six months after every dewatering of the Foothill Feeder. The report shall address compliance with the permit conditions and the effectiveness of the adaptive management plan in contributing to the conservation of the unarmored threespine stickleback. The Metropolitan Water District of Southern California shall ensure that each report is made available to the public.
(g) As used in this section, “modification” does not include alterations to expand the maximum physical capacity of the Foothill Feeder to deliver water.
SEC. 3.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall 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. 3.1.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall 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. 3.2.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall 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 pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 3.3.
Section 5515 of the Fish and Game Code is amended to read:
5515.
(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall 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 pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 4.
(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1845. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1845, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 1845 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 1845, and Assembly Bill 2001. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1845 and Assembly Bill 2001, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.

Summary: Existing law prohibits the taking or possession of a 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 attributable to the periodic dewatering, inspection, maintenance, modification, or repair of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, as specified, if certain conditions, including the adoption of an adaptive management plan, are satisfied. The bill would require the Metropolitan Water District of Southern California, if it receives a permit under the bill, to report certain information to the department within 6 months after every dewatering of the Foothill Feeder. This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 and AB 2001, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

An act to amend Section 5515 of, and to add Section 2081.10 to, the Fish and Game Code, relating to fish.