MODEL LEGISLATURE DAILY FILE RED LEGISLATURE · AB 323 SPPY/Palos Verdes 33 Redondo SB 373...

CALIFORNIA YMCA MODEL LEGISLATURE

AT SACRAMENTO

2016 REGULAR SESSION

MODEL LEGISLATURE

DAILY FILE

RED LEGISLATURE

California YMCA Youth & Government Program

Nicolas Gardener, Youth Governor

DELEGATION

AB 103 Albany 1 Annadel

AB 104 Albany 1 Annadel

SB 203 Albany 8 Clear Lake

AB 171 Albany 19 Huntington

SB 254 Albany 22 Loghry

AB 129 Anaheim 6 Castle Crags

SB 230 Anaheim 13 El Capitan

AB 182 Berkeley 21 Limekiln

SB 281 Berkeley 28 Mount Diablo

AB 329 Berkeley 34 Refugio

SB 379 Berkeley 41 Van Damme

SB 380 Berkeley 42 White Point

AB 180 Burbank Community 20 Kings

SB 361 Central Coast 37 Tahoe

ACR 165 Conejo Valley 17 Goleta

SB 266 Conejo Valley 24 Manchester

AB 312 Conejo Valley 31 Plumas Eureka

SB 364 Conejo Valley 38 Thornton

AB 333 Corona Norco 35 Salt Point

SB 383 Corona Norco 42 White Point

ACA 121 Crenshaw 5 Butano

AB 116 Crescenta-Canada 4 Burton Creek

SB 216 Crescenta-Canada 10 Del Norte

AB 167 Crescenta-Canada 18 Heart Bar

SB 265 Crescenta-Canada 24 Manchester

AB 311 Crescenta-Canada 31 Plumas Eureka

SB 360 Crescenta-Canada 37 Tahoe

AB 120 Culver-Palms 4 Burton Creek

SB 210 Culver-Palms 9 Cuyamaca

AB 168 Culver-Palms 18 Heart Bar

SJR 268 Culver-Palms 25 Marina

ACR 316 Culver-Palms 32 Portola

BILL NUMBER COMMITTEE AND NAME

DAILY FILE BILL INDEX

DELEGATION

SB 363 Culver-Palms 38 Thornton

ACA 152 DaVinci 15 Garrapata

AB 102 Desert Family YMCA 1 Annadel

SJR 202 Desert Family YMCA 7 Castle Rock

AJR 304 Desert Family YMCA 29 Pacheco

AB 158 Diablo Valley 16 Gaviota

SB 255 Diablo Valley 22 Loghry

SB 256 Diablo Valley 22 Loghry

AB 153 Downey-South Gate 15 Garrapata

AB 123 Downtown Oakland 5 Butano

AB 124 East Valley Family YMCA 5 Butano

SB 224 East Valley Family YMCA 12 Donner

ACA 173 East Valley Family YMCA 19 Huntington

SB 273 East Valley Family YMCA 26 McConnell

SB 274 East Valley Family YMCA 26 McConnell

AB 322 East Valley Family YMCA 33 Redondo

SB 372 East Valley Family YMCA 40 Turlock Lake

AB 174 East Valley/LA 19 Huntington

AB 330 Eden Area 34 Refugio

SB 356 Eden Area 36 Santa Monica

SB 381 Eden Area 42 White Point

AB 132 El Dorado 7 Castle Rock

SB 233 El Dorado 14 Emerald Bay

AB 183 El Dorado 21 Limekiln

SB 282 El Dorado 28 Mount Diablo

AB 331 El Dorado 35 Salt Point

SB 382 El Dorado 42 White Point

AB 101 Estancia 1 Annadel

SB 208 Estancia 9 Cuyamaca

SB 201 Fremont/Newark 7 Castle Rock

SB 251 Gardena-Carson 21 Limekiln

SCA 217 Greater Long Beach 10 Del Norte

SB 219 Greater Long Beach 11 Dockweiler

AB 332 Halstrom Academy 35 Salt Point


DELEGATION

AB 162 Highland 17 Goleta

SJR 269 Highland 25 Marina

SB 283 Hilltop 28 Mount Diablo

AB 125 Irvine 5 Butano

ACR 326 Ketchum-Downtown LA 34 Refugio

SB 352 Ketchum-Downtown LA 35 Salt Point

AB 110 Miller 2 Baker

SB 211 Miller 9 Cuyamaca

AB 307 Miller 30 Palomar

SB 357 Miller 36 Santa Monica

SB 377 Murrieta/Temecula Valley 41 Van Damme

AB 181 Newport Harbor 21 Limekiln

SB 280 Newport Harbor 27 Morro Bay

AB 328 Newport Harbor 34 Refugio

SB 378 Newport Harbor 41 Van Damme

AB 118 Newport-Corona del Mar 4 Burton Creek

AB 119 Newport-Corona del Mar 4 Burton Creek

SB 220 Newport-Corona del Mar 11 Dockweiler

SB 229 Newport-Corona del Mar 13 El Capitan

AB 164 Newport-Corona del Mar 17 Goleta

AB 166 Newport-Corona del Mar 18 Heart Bar

SB 267 Newport-Corona del Mar 25 Marina

AB 315 Newport-Corona del Mar 31 Plumas Eureka

SB 365 Newport-Corona del Mar 38 Thornton

SB 366 Newport-Corona del Mar 38 Thornton

AB 163 North Glendale 17 Goleta

SB 232 North Valley 14 Emerald Bay

AB 109 Palisades-Malibu 2 Baker

AB 111 Palisades-Malibu 3 Bolsa Chica

SB 212 Palisades-Malibu 9 Cuyamaca

AB 156 Palisades-Malibu 16 Gaviota

SB 259 Palisades-Malibu 23 MacKerricher

SB 261 Palisades-Malibu 23 MacKerricher

AB 314 Pasadena 31 Plumas Eureka


DELEGATION

SB 253 Sacramento Central 22 Loghry

AB 179 San Gabriel Valley 20 Kings

AB 317 San Luis Obispo County YMCA 32 Portola

SJR 367 San Luis Obispo County YMCA 38 Thornton

SB 252 Santa Ana 22 Loghry

AB 106 Santa Anita 2 Baker

SB 204 Santa Barbara 8 Clear Lake

AB 319 Santa Clarita 32 Portola

AB 154 Santa Monica 15 Garrapata

SB 279 Santa Monica 27 Morro Bay

SB 234 SDSC/East County 14 Emerald Bay

ACA 112 SDSC/La Jolla 3 Bolsa Chica

AB 310 SDSC/Magdalena Ecke 30 Palomar

AB 313 SDSC/Magdalena Ecke 31 Plumas Eureka

SB 362 SDSC/Magdalena Ecke 37 Tahoe

AB 184 SDSC/Mission Valley 21 Limekiln

SB 284 SDSC/Mission Valley 28 Mount Diablo

SCR 205 SDSC/Palomar 8 Clear Lake

AB 133 SDSC/Peninsula 7 Castle Rock

SCA 270 SDSC/South Bay Family 25 Marina

AB 157 SFY/Buchanan 16 Gaviota

SB 260 SFY/Burton 23 MacKerricher

ACA 306 SFY/Embarcadero 30 Palomar

SB 351 SFY/Marin 35 Salt Point

AB 107 SFY/Mission 2 Baker

SCA 355 SFY/Peninsula 36 Santa Monica

AB 160 SFY/Pescadero 16 Gaviota

SB 214 SFY/Stonestown 10 Del Norte

AB 131 Sonoma 7 Castle Rock

AB 113 South Pasadena San Marino 3 Bolsa Chica

SB 213 South Pasadena San Marino 10 Del Norte

AB 159 South Pasadena San Marino 16 Gaviota

SB 262 South Pasadena San Marino 24 Manchester

AB 308 South Pasadena San Marino 30 Palomar


DELEGATION

SB 358 South Pasadena San Marino 37 Tahoe

ACR 177 Southeast Rio Vista 20 Kings

SB 225 SPPY/Palos Verdes 12 Donner

AB 323 SPPY/Palos Verdes 33 Redondo

SB 373 SPPY/Palos Verdes 40 Turlock Lake

AB 127 SPPY/San Pedro 6 Castle Crags

SB 223 SPPY/San Pedro 12 Donner

AB 172 SPPY/San Pedro 19 Huntington

SB 275 SPPY/San Pedro 26 McConnell

AB 324 SPPY/San Pedro 33 Redondo

SB 375 SPPY/San Pedro 40 Turlock Lake

AB 302 SRV/Fuerza Unida 29 Pacheco

ACA 117 SRV/Valle Lobo 4 Burton Creek

SB 218 SRV/Valle Lobo 11 Dockweiler

AB 161 SRV/Valle Lobo 17 Goleta

SCA 263 SRV/Valle Lobo 24 Manchester

AB 309 SRV/Valle Lobo 30 Palomar

SB 359 SRV/Valle Lobo 37 Tahoe

AB 130 SRV/Vista Diablo 6 Castle Crags

SB 231 SRV/Vista Diablo 14 Emerald Bay

AB 115 Stuart C. Gildred 3 Bolsa Chica

SB 215 Stuart C. Gildred 10 Del Norte

SJR 264 Stuart C. Gildred 24 Manchester

AB 175 SVC/Central 19 Huntington

SB 276 SVC/Central 26 McConnell

AB 114 SVC/East Palo Alto 3 Bolsa Chica

AB 301 SVC/El Camino 29 Pacheco

SB 369 SVC/El Camino 39 Tomales Bay

AB 303 SVC/Northwest 29 Pacheco

SB 353 SVC/Northwest 36 Santa Monica

AB 178 SVC/Palo Alto 20 Kings

SB 278 SVC/Palo Alto 27 Morro Bay

AB 108 Torrance - South Bay 2 Baker

SB 209 Torrance - South Bay 9 Cuyamaca


DELEGATION

SB 257 Torrance - South Bay 23 MacKerricher

SB 258 Torrance - South Bay 23 MacKerricher

AB 126 Tri-Valley 6 Castle Crags

SB 226 Tri-Valley 12 Donner

SB 227 Tri-Valley 13 El Capitan

AB 176 Triunfo 20 Kings

SB 277 Triunfo 27 Morro Bay

AB 327 Triunfo 34 Refugio

SB 376 Triunfo 41 Van Damme

AB 155 Ventura Family 15 Garrapata

AB 122 Verdugo Hills 5 Butano

SB 221 Verdugo Hills 11 Dockweiler

SB 222 Verdugo Hills 11 Dockweiler

AB 170 Verdugo Hills 18 Heart Bar

SB 271 Verdugo Hills 25 Marina

AB 320 Verdugo Hills 32 Portola

SB 370 Verdugo Hills 39 Tomales Bay

AB 321 Weingart East Los Angeles 33 Redondo

SB 371 Weingart East Los Angeles 39 Tomales Bay

ACA 151 Weingart Urban 15 Garrapata

SB 206 West Valley 8 Clear Lake

AB 305 West Valley 29 Pacheco

SB 354 West Valley 36 Santa Monica

AB 128 Westchester 6 Castle Crags

SB 228 Westchester 13 El Capitan

AJR 325 Westchester 33 Redondo

SJR 374 Westchester 40 Turlock Lake

AB 169 Westside Family 18 Heart Bar

SB 272 Westside Family 26 McConnell

AJR 318 Westside Family 32 Portola

SB 368 Westside Family 39 Tomales Bay

AB 105 Wilmington 1 Annadel

SB 207 Wilmington 8 Clear Lake


Committees are named for California Beaches and Parks

AB 301 SVC/El Camino ACA 306 SFY/Embarcadero AB 302 SRV/Fuerza Unida AB 307 Miller AB 303 SVC/Northwest AB 308 South Pasadena San Marino

AJR 304 Desert Family YMCA AB 309 SRV/Valle Lobo AB 305 West Valley AB 310 SDSC/Magdalena Ecke

AB 311 Crescenta-Canada ACR 316 Culver-Palms AB 312 Conejo Valley AB 317 San Luis Obispo County AB 313 SDSC/Magdalena Ecke AJR 318 Westside Family AB 314 Pasadena AB 319 Santa Clarita AB 315 Newport-Corona del Mar AB 320 Verdugo Hills

AB 321 Weingart East Los Angeles ACR 326 Ketchum-Downtown LA AB 322 East Valley Family YMCA AB 327 Triunfo AB 323 SPPY/Palos Verdes AB 328 Newport Harbor AB 324 SPPY/San Pedro AB 329 Berkeley

AJR 325 Westchester AB 330 Eden Area

AB 331 El Dorado SB 353 SVC/Northwest AB 332 Halstrom Academy SB 354 West Valley AB 333 Corona Norco SCA 355 SFY/PeninsulaSB 351 SFY/Marin SB 356 Eden AreaSB 352 Ketchum-Downtown LA SB 357 Miller

SB 358 South Pasadena San Marino SB 363 Culver-PalmsSB 359 SRV/Valle Lobo SB 364 Conejo ValleySB 360 Crescenta-Canada SB 365 Newport-Corona del MarSB 361 Central Coast SB 366 Newport-Corona del MarSB 362 SDSC/Magdalena Ecke SJR 367 San Luis Obispo County

SB 368 Westside Family SB 372 East Valley Family YMCASB 369 SVC/El Camino SB 373 SPPY/Palos VerdesSB 370 Verdugo Hills SJR 374 WestchesterSB 371 Weingart East Los Angeles SB 375 SPPY/San Pedro

SB 376 Triunfo SB 380 BerkeleySB 377 Murrieta/Temecula Valley SB 381 Eden AreaSB 378 Newport Harbor SB 382 El DoradoSB 379 Berkeley SB 383 Corona Norco

COMM #39 Tomales Bay COMM #40 Turlock Lake

COMM #41 Van Damme COMM #42 White Point

COMM #33 Redondo COMM #34 Refugio

COMM #35 Salt Point COMM #36 Santa Monica

COMM #37 Tahoe COMM #38 Thornton

RED LEGISLATIVE DOCKET

COMM #29 Pacheco COMM #30 Palomar

COMM #31 Plumas Eureka COMM #32 Portola

ASSEMBLY BILL No. 301

Introduced by Members Representing the El Camino Branch

of the YMCA of Silicon Valley

February 11, 2016 Referred to the Pacheco Committee

An act to remove suspension as a form of punishment in all public schools in California

ABSTRACTAB 301

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

SECTION 1. 48900. A pupil shall not be suspended receive punishment mentioned in

section 48900.5 or be recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: (a) (1) Caused, attempted to cause, or threatened to cause awe,physical injury to another person. (2) Willfully used force or violence upon the person of another, except in self-defense. (b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. (c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. (d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (e) Committed or attempted to commit robbery or extortion. (f) Caused or attempted to cause damage to school property or private property.

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(g) Stole or attempted to steal school property or private property. (h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products. (i) Committed an obscene act or engaged in habitual profanity or vulgarity. (j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. (k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. (2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. (l) Knowingly received stolen school property or private property. (m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. (n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. (o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. (p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. (r) Engaged in an act of bullying. For purposes of this subdivision, the

— 2 — AB 301

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— 3 — AB 301

following terms have the following meanings: (1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: (A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. (B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. (C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. (D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. (2) (A) “Electronic act” means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: (i) A message, text, sound, or image. (ii) A post on a social network Internet Web site, including, but not limited to: (I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). (II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. (III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. (B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. (3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.

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— 4 — AB 301

(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: (1) While on school grounds. (2) While going to or coming from school. (3) During the lunch period whether on or off the campus. (4) During, or while going to or coming from, a school-sponsored activity. (t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension receive punishment mentioned in section 48900.5, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). (u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. (v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension receive punishment mentioned in section 48900.5 or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. (w) It is the intent of the Legislature that alternatives to suspension receive punishment mentioned in section 48900.5 or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

48900.5. (a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons.

(b) Other means of correction include, but are not limited to, the following:

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— 5 — AB 301

(1) A conference between school personnel, the pupil’s parent or guardian, and the pupil. (2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling. (3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents. (4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). (5) Enrollment in a program for teaching prosocial behavior or anger management. (6) Participation in a restorative justice program. (7) A positive behavior support approach with tiered interventions that occur during the school day on campus. (8) After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups. (9) Any of the alternatives described in Section 48900.6.

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Introduced by Members Representing the Fuerza Unida Delegation

of the YMCA of the Central Bay Area


An act to add Section 35292.6 of the Education Code relating to student safety.

ABSTRACTAB 302 requires teachers of pupils in grades 9 to 12, inclusive, to ensure pupils

are allowed at least one use of the restroom during instructional minutes.


SECTION 1. Section 35292.6 is added to the Education Code to read:(a) Public school students in grades 9-12, are allowed at least one use

of the restroom per every 60 minutes of instructional time and one for each additional time segment, even if it does not complete a full 60 minute interval.

(b) Teachers shall not distribute a predefined number of passes for restroom uses per quarter, semester or school year, but comply with what is stated in section (a).

(c) Teachers shall not distribute incentives nor deductions relating to pupils’ grades concerning the frequency or infrequency of restroom use.

(d) Teachers shall determine all punishments of misuse or misconduct while a pupil is utilizing the restroom, without removing ability to use the restroom.

(e) Teachers are permitted to limit restroom use during classroom periods in which examinations and/or presentations are taking place.

(f) Pupils with medical issues which impact their frequency of restroom use shall notify the school administrations and additional provisions may be allotted to them other than what is stated in section (a).

(g) The governing board of each school district shall establish standards and regulate teachers to ensure they are following the above statements.

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Introduced by Members Representing the Northwest Branch



An act to amend Article 13A of the Tax Limitation code, relating to property taxes.

ABSTRACTAB 303 requires corporations to pay taxes on the current value of their property


SECTION 1. Section 1 of Article 13A of the Tax Limitation code is amended to read:

13A. (a) The maximum amount of any ad valorem tax on real property shall not exceed One percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties. (b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any of the following: (1) Indebtedness approved by the voters prior to July 1, 1978. (2) Bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition. (3) Bonded indebtedness incurred by a school district, community college district, or county office of education for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, approved by 55 percent of the voters of the district or county, as appropriate, voting on the proposition on or after the effective date of the measure adding this paragraph. This paragraph shall apply only if the proposition approved by the voters and resulting in the bonded indebtedness includes all of the following accountability requirements: (A) A requirement that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIII A, Section 1(b) (3), and not for any other purpose, including teacher and administrator salaries and other school operating expenses. (B) A list of the specific school facilities projects to be funded and certification that the school district board, community college board, or county office of education has evaluated safety, class size reduction, and information technology needs in developing that list. (C) A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed. (D)

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A requirement that the school district board, community college board, or county office of education conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects. (a) Shall not apply to real commercial property. (b) Notwithstanding any other provisions of law or of this Constitution, school districts, community college districts, and county offices of education may levy a 55 percent vote ad valorem tax pursuant to subdivision. (c) Subject to the limitation set in subdivision (b).

SECTION 2.(a) The “full cash value” means the county assessor’s valuation of real

property as shown on the 1975-76 tax bill under “full cash value” or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. All real property not already assessed up to the 1975-76 full cash value may be reassessed to reflect that valuation. For purposes of this section, “newly constructed” does not include real property that is reconstructed after a disaster, as declared by the Governor, where the fair market value of the real property, as reconstructed, is comparable to its fair market value prior to the disaster. For purposes of this section, the term “newly constructed” does not include that portion of an existing structure that consists of the construction or reconstruction of seismic retrofitting components, as defined by the Legislature.

— 2 — AB 303

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ASSEMBLY JOINT RESOLUTION No. 304

Introduced by Members Representing the Family YMCA of the Desert


Assembly Joint Resolution No. 304 -- Relative to Voting Rights

ABSTRACTAJR 304 memorializes the Congress of the United States to give voting

rights to any tax payer.

WHEREAS, Minors are responsible for paying over 15 billion dollars in sales tax every year; andWHEREAS, There were 5.3 million Americans (1 in 40 adults) who were unable to vote due to a felony conviction in the 2012 elections; andWHEREAS, There are more than 13 million legal permanent residents paying an estimated 100 million in income tax; andWHEREAS, All of these people are without having a say in how those taxes are allocated; and now, therefore, be it

Resolved by the Assembly and Senate of the State of California, jointly,That the Legislature of the State of California respectfully memorializes the Congress of the United States to change the national voting requirement to permit any tax paying United States citizen or tax payer who is a legal permanent resident to vote in federal elections; and be it furtherResolved, That the Secretary of the Senate transmit copies of this resolution to the Speaker of the House of Representatives, the President pro Tempore of the United States Senate, and to each Senator and Representative from California in the Congress of the United States, and to the Chief Clerk of the Legislature in each of the other forty-nine states.

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Introduced by Members Representing the West Valley Branch

of the YMCA of Metropolitan Los Angeles


An act to add Division 4 (commencing with Section 64140) to Title 6.7 of the Government Code, relating to banking.

ABSTRACTAB 305 creates the Community Bank of California, which is a public, physical

institution for banking and thrift procedures, functioning similarly to a commercial bank, but under public control.


SECTION 1. Division 4 (commencing with Section 64140) is added to Title 6.7 of the Government Code, to read:

Division 4. Community Bank for CaliforniaChapter 1: The Community Bank for CaliforniaPurpose. 64140. For the purpose of encouraging and promoting

agriculture, commerce, and industry, the state shall engage in the business of banking, and for that purpose shall maintain a system of banking owned, controlled, and operated by it, under the name of the Community Bank for California.

Section 1. 64140.2. As used in this division, the following definitions shall apply:

(a)”Bank” means the Community Bank for California, which may be referred to as CommCal. (b)”Department” means the Department of Finance.

(c)”Director” means the Director of Finance.Section 2. 64140.4. The department shall operate, manage, and control the

bank, locate and maintain its places of business, of which the principal place shall be within the state, and make and enforce orders, rules, regulations, and bylaws for the transaction of its business. The business and financial transactions of the bank, in addition to other matters specified in this division, may include anything that any bank or bank holding company lawfully may do, except as it is restricted by the provisions of this division. This section may not be held in any way to limit or qualify either the powers of the department granted by or the functions of the bank as defined in this division. The powers of the department and the functions of the bank shall be implemented through actions taken and policies adopted by the department.

Section 3. 64140.6. To enlist the help of private enterprise and to encourage more active use of the purposes of this division, the Governor shall appoint an advisory board of directors to the bank consisting of 7 persons, at least 2 of

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whom shall be officers of banks, the majority of the stock of which is owned by California residents, and at least one of whom shall be an officer of a state-chartered or federally chartered financial institution. The Governor shall appoint a chairman, vice-chairman, and secretary from the advisory board of directors. The term of a director is 4 years. The department shall define the duties of the advisory board of directors.

Section 25. 64140.8. The advisory board of directors shall do all of the following:

(1) Meet regularly with the management of the bank to review the bank’s operations to determine whether recommendations should be made by the board to the department relating to improved management performance, better customer service, and overall improvement in internal methods, procedures, and operating policies of the bank.

(2) Make recommendations to the department relating to the establishment of additional objectives for the operation of the bank.

(3) Make recommendations to the department concerning the appointment of officers to the bank.

(4) Meet regularly with the director to present any recommendations concerning the bank.

(5) In addition to the foregoing and pursuant to authorization from the secretary, act on behalf of the bank with respect to the powers and functions of the bank.

Section 4. 64140.10. All state funds and funds of all state penal, educational, and industrial institutions shall be deposited in the bank by the persons having control of those funds or shall be deposited in accordance with constitutional and statutory provisions. All income earned by the bank for its own account on state moneys that are deposited in or invested with the bank to the credit of the state shall be credited to and become a part of the revenues and income of the bank.

Section 5. 64140.12. The bank may do any of the following:(1Make, purchase, guarantee, or hold loans:(A) To state-chartered or federally chartered lending agencies or

institutions or any other financial institutions.(B)To holders of bank certificates of deposit and savings accounts up to

90% of the value of the certificates and savings accounts offered as security.(C)That are insured or guaranteed in whole or in part by the United States,

its agencies, or instrumentalities.(D) That are eligible to be guaranteed under education. Loans made

pursuant to this may provide for interest that remains unpaid at the end of any period specified in the loan to be added to the principal amount of the debt and thereafter accumulate interest.

(E) To individuals or bank holding companies for the purpose of purchasing or refinancing the purchase of bank stock of a bank located in the state.

(F) Obtained as security pledged for or originated in the restructuring of

— 2 — AB 305

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— 3 — AB 305

any other loan properly originated or participated in by the bank.(G) To instrumentalities of this state.(H) To an investment company created for completing a trust preferred

securities transaction for the benefit of a financial institution located in this state.

(I) As otherwise provided by this division or other statutes.(2)If the bank is participating in the loan and the bank deems it is in the

best interests of the bank to do so, purchase the remaining portion of the loan from a participating lender that is closed by regulatory action or from the receiver of the participating lender’s assets.

(3)Purchase participation interests in loans made or held by banks, bank holding companies, state-chartered or federally chartered lending agencies or institutions, any other financial institutions, or any other entity that provides financial services and meets underwriting standards that are generally accepted by state or federal financial regulatory agencies.

(4) Invest its funds:(A)In conformity with policies of the department.(B)In a public venture capital corporation organized and doing business in

this state through the purchase of shares of stock.(C)In California alternative and venture capital investments and early-

stage capital funds.(5)Buy and sell federal funds.(6)Lease, assign, sell, exchange, transfer, convey, grant, pledge, or

mortgage all real and personal property, title to which has been acquired in any manner.

(7) Acquire real or personal property or property rights by purchase, lease, or, subject to applicable law, the exercise of the right of eminent domain and may construct, remodel, and repair buildings.

(8) Receive deposits from any source and deposit its funds in any bank or other financial institution.

(9) Perform all acts and do all things necessary, convenient, advisable, or desirable to carry out the powers expressly granted or necessarily implied in this division through or by means of its president, officers, agents, or employees or by contracts with any person, firm, or corporation.

(10) Purchase mortgage loans on residential real property originated by financial institutions

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ASSEMBLY CONSTITUTIONAL AMENDMENT No. 306

Introduced by Members Representing the Embarcadero Branch

of the YMCA of San Francisco

February 11, 2016 Referred to the Palomar Committee

Assembly Constitutional Amendment No.306-- A resolution to propose to the people of the State of California an amendment to the Constitution of the State by amending Section 2 of Article 2, relating to voting age.

ABSTRACTAB 306 Lowers the voting age to 16 in local and state elections in the State of

California.

Resolved by the Assembly, the Senate concurring; That the Legislature of the State of California at its Regular Session, commencing on the 11th day of February 2016, two-thirds of all members elected to each of the two houses of the Legislature voting in favor thereof, hereby proposes to the people of the State of California that Section 2 of Article 2 of the Constitution of the State is amended to read: Sec. 2. A United States Citizen 16 years of age and resident of this State may vote.

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Introduced by Members Representing the Miller Family Branch

of the YMCA of Southeast Ventura County


An act to amend section 35292.5 of the Education Code, relating to pupil restrooms.

ABSTRACTAB 307 mandates that all public schools maintaining any combination of classes

from grade 9 to grade 12 have at least one single-stall gender neutral bathroom on campus.


SECTION 1. Section 35292.5 of the Education Code is amended to read:

35292.5. (a) Every public and private school maintaining any combination of classes from kindergarten grade 9 to grade 12, inclusive, shall comply with all of the following:

(1) All schools must have at least 1 single-stall gender neutral bathroom accessible during school hours.

(2) Every restroom shall at all times be maintained and cleaned regularly, fully operational and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.

(3) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes.

(b) Notwithstanding subdivision (a), a school may temporarily close a restroom as necessary for pupil safety or as necessary to repair the facility.

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Introduced by Members Representing the South Pasadena San Marino Branch



An act to amend section 18940.6 to the Health and Safety Code, relating to the California Building Standards Code.

ABSTRACTAB 308 requires all commercial and public buildings to install water recycling

systems (or “grey water” systems) for toilet plumbing


SECTION 1. Section 10940.6 is amended to read: 10940.6 (a) For purposes of this section, “recycled water” has the same

meaning as that term is defined in subdivision (n) of Section 13050 of the Water Code, and is consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations.

(b) (1) The California Building Standards Commission shall conduct research to assist in the development of mandatory green building standards for the installation of recycled water systems for all existing and newly constructed commercial and public buildings, in consultation with the State Water Resources Control Board and other interested parties, including, but not limited to, public water systems, recycled water producers, product manufacturers, local building officials, apartment and other rental property owners, California-licensed contractors, and the building industry.

(2) In researching, developing, and proposing mandatory building standards under this section, the commission is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation pursuant to Section 18931.7. Private establishments must provide funding for the implementation of the system.

(3) Research conducted in order to propose building standards pursuant to this section shall include, but is not limited to, the following:

(A) Potential outdoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations.

(B) Potential indoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. With respect to indoor applications, the commission shall consider whether to adopt or recommend measures in addition to the current standards adopted

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in the California Plumbing Code in Title 24 of the California Code of Regulations, to ensure the safe installation of indoor recycled water piping or systems, including, but not limited to, requiring purple pipe or special markings on recycled water piping or systems that states clearly whether it is approved for indoor use, or recommending restrictions on who may purchase or install recycled water piping for indoor use.

(C) The cost of various recycled water systems.(D) The estimated quantity of water savings under varying levels of

application of recycled water in commercial and public buildings and building site landscaped areas.

(4) The commission may research standards for different types of water recycling systems, including non-centralized systems, but shall only mandate systems to the extent that they meet all of the health and safety standards specified in this section.

(c) (1) The commission shall adopt mandatory building standards for the installation of recycled water systems for all existing and newly constructed commercial and public buildings. The commission shall consider the proposed mandatory building standards during the 2016 Intervening Code Adoption Cycle and may amend these mandatory standards as necessary in future code adoption cycles, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations.

(2) When developing the application provisions for the mandatory building standards, the commission shall limit the mandate to install recycled water systems within commercial and public buildings and building site landscaped areas to only those areas within a local jurisdiction that have feasible and cost-efficient access to a water recycling facility, or that have been identified by the local jurisdiction within a planned service area for the provision of recycled water for which a specific implementation timeline has been identified by the public water system in its most recent urban water management plan.

(3) The mandate to install recycled water piping shall not apply to service areas in which the only recycled water use is for potable purposes, or in which net non-potable deliveries are anticipated to remain level or decrease as a result of the potable reuse project.

(4) The commission shall develop the application provisions for the mandatory building standards required under paragraph (1) in consultation with the State Water Resources Control Board, public water systems, recycled water producers, and water research associations.

(5) A city, county, or city and county, in consultation with the public water system and recycled water producer, may further reduce the area for which the mandate to install recycled water piping applies, if the local public water system or recycled water producer finds that providing recycled water to an area is not feasible or cost effective.

(d) Collected water shall be used for the flushing of toilets.(e) If more water is needed for toilet flushing than is collected by the grey

— 2 — AB 308

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water system, the necessary water may be supplemented with municipal water.(f) If a surplus grey water is collected, the water may be used for other

purposes (such as irrigation) or disposed of as “black” water would.(g) If an establishment does not implement a water recycling system by

August 1, 2017, the establishment shall pay a monthly fine of triple their monthly water bill to the State of California until they comply.

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Introduced by Members Representing the Valle Lobo Delegation



An act to amend Section 51225.35 of the California Education Code, relating to Computer Science curriculum.

ABSTRACTAB 309 amends existing law to require all schools that have twenty or more

functioning computers in a classroom to offer at least one Computer Science course.


SECTION 1. 51225.35 of the Education Code is amended to read:Section 51225.35. (a) (1) If the governing board of a school district

requires more than two courses in mathematics for graduation from high school, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 for successfully completing a “category C” approved computer science course.

(2) The governing board of a school district is encouraged required to offer at least one computer science course at any school with 20 or more functioning computers in a single classroom and to ensure that any computer science course that the school district awards a pupil mathematics course credit for pursuant to paragraph (1) builds upon fundamental mathematics content.

(3) The governing board of a school district is encouraged required to support schools in submitting any computer science course that a school wishes to use to fulfill school district imposed mathematics subject area requirements to the University of California for certification and addition to the school’s “A-G” course list.

(b) For purposes of this section, “category C” refers to the “A-G” admission requirements for the California State University and the University of California.

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Introduced by Members Representing the Magdalena Ecke Branch

of the YMCA of San Diego County


An act to add Section 66610 to the Education Code, relating to the California State University.

ABSTRACTAB 310 creates a new campus of the California State University, referred to

as the California Public Service Academy. This university shall be modeled after military academies such as West Point, and be geared towards training graduates to be civil employees of the state for a mandatory work period of four years following graduation from the academy.


SECTION 1. Section 66610 is added to the Education Code to read:66610. (a) The California Public Service Academy is hereby established

as a new campus of the California State University. The Trustees of the California State University shall adopt the following criteria for the academy.

(1) Applicants seeking to attend the academy shall apply using applications of the established campuses of the California State University. Members of the Legislature shall serve as in-state admissions officers, with the Assembly and Senate Ethics Committees overseeing the process to ensure equality of considerations. Each California State Senator shall accept 5 students from his or her district and each Assembly Member shall choose 2 students from his or her district. Students must have at least a 3.3 GPA to be eligible to participate in this program. All student applications shall be reviewed and applicants shall be accepted without discrimination, including discrimination based on age, gender, race, or sexual orientation. The student body shall expand naturally as the school gains recognition and private donations to allow more students and staff. Out-of-state admissions shall be limited to 20% (86 students) of the 430 total students accepted into the Public Service Academy, and will be determined and regulated by a standard Office of Admissions for the academy.

(2) Curriculum of the academy shall consist of intensive, interactive courses regarding all careers of industry that have a strong presence in the public sector. Freshmen shall be required to take general education courses while sophomores, juniors and seniors shall take specialized career-focused classes. These career-focused courses shall include international relations, constitutional law, federalism, criminal justice, human services, and public administration.

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(b) For the 2017 Fiscal Year, 13.8% of the budget of the California National Guard, roughly eight four million dollars ($84,000,000) shall be reallocated to fund the construction of the California Public Service Academy. For each subsequent year, 3% of the current National Guard budget, roughly a eighteen million two hundred and ten thousand dollars ($18,210,000) shall be reallocated annually for purposes of the academy. All other costs for administration of the academy shall be covered by student tuition. The construction costs shall be determined by the Senate Budget and Fiscal Review Committee during the proposal evaluation process.

(c) The site of the academy shall occupy 117 empty acres of Cathey’s Valley in Mariposa County, California. This property shall be acquired from a local real estate agency for $375,000 by the state.

(d) This legislation shall take effect on September 1, 2016. Enrollment of the incoming freshmen will begin in fall of 2019, by which time facilities shall be prepared for the class of 2023.

— 2 — AB 310

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Introduced by Members Representing the Crescenta-Canada Family Branch

of the YMCA of the Foothills

February 11, 2016 Referred to the Plumas Eureka Committee

An act to amend section 5510 of Article 2 of the California Film and Job Retention and amend section 8B of the Promotion Act California Film and Tax Credit Program 2.0.

ABSTRACTAB 311


SECTION 1. Section 8B of the (8) Section 8: Estimated Credit Allocation. (A) Estimated credit allocation for independent productions or relocating series in the first season in California.1. Enter total qualified wages and contingency qualified wages component (50%). 2. Enter total qualified non- wages and contingency qualified non- wage component (50%). 3. Enter total completion bond fee, which is no more than 2% of qualified expenditures.4. The total qualified expenditures will be calculated based on the sum of the totals provided in this section multiplied by 25%. (Credit allocation applies only to the first ten million ($10,000,000) of qualified expenditures for independent productions. Credit allocation applies only to the first one hundred million ($100,000,000) of qualified expenditures for relocating TV series.)(B) Estimated credit allocation for non- independent productions.1. Enter total qualified wages and contingency qualified wages component (50%). 2. Enter total qualified non- wages and contingency qualified non- wage component (50%). 3. The total qualified expenditures will be calculated based on the sum of the totals provided in this section multiplied by 20% 30% plus total additional credit calculation (if applicable) Credit allocation applies only to the first one hundred million ($100,000,000) of qualified expenditures for non- independent productions.) Section 5510. Eligibility Determination (a) If applicant is planning to produce a “qualified motion picture, ” then applicant shall ensure that the “qualified motion picture” complies with the provisions of sections 17053.95(b)(18) and 23695(b)(18) of the Revenue and Taxation Code and applicant must plan to film at least seventy- five percent (75%) of principal photography days wholly in California or seventy- five percent (75%) of the production budget shall be incurred in California. (b) To qualify as a new television series, the television series shall produce episodes with a running time longer than forty (40) minutes, exclusive of commercials, and with a minimum production budget of one million dollars ($1,000,000.00) per episode. (c) To qualify as a television series that relocated to California, the television series shall meet the following criteria:(1) Provide a

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certification from the applicant that the tax credit provided pursuant to this section is the primary reason for relocating to California. (2) Produce episodes of any program length, filmed its most recent season outside of California, and have a minimum production budget of one million dollars ($1,000,000.00) per episode. (d) A new television series from a television pilot shall produce episodes with a running time longer than forty (40) minutes, exclusive of commercials, and with a minimum production budget of one million dollars ($1,000,000.00) per episode. (e) To qualify as a pilot for a new television series, the pilot episode shall have a running time longer than forty (40) minutes, exclusive of commercials, shall be produced in California with a minimum budget of one million dollars ($1,000,000), and shall be the initial episode in a proposed television series. (f) An animated production is not considered a qualified motion picture and shall not be eligible for a tax credit. Animated production means content created that does not utilize or incorporate live action footage, but creates a motion picture consisting principally of computer generated or hand painted images. An animated production does not engage in principal photography and therefore does not meet the conditions for eligibility set forth in sections 17053.95 (b) (13) and 23695(b)(13) of the Revenue and Taxation Code. (g) Tax credits for a “feature film”shall be applied to a maximum of one hundred million dollars ($100,000,000.00) of the qualified expenditure budget. There shall be no maximum on the production budget. (h) Tax credits for an independent film shall be applied to a maximum of ten million dollars ($10,000,000.00) of the qualified expenditure budget. There shall be no maximum on the production budget. (i) Pilots, television series, movies of the week, and mini- series may be considered an independent film provided they comply with the provision in sections 17053.95(b)(6) and 23695(b)(6) of the Revenue and Taxation Code. (j) Revocation of the tax credit allocation is final and shall not be subject to administrative appeal or review. Authority Cited: Sections 17053.95(e) and 23695(e), Revenue and Taxation Code, Section 11152, Government Code. Reference: Sections 17053.95 and 23695, Revenue and Taxation Code, Section 14998.1, Government Code.

— 2 — AB 311

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Introduced by Members Representing the Conejo Valley Branch



An act to start the production and distribution of an adhesive label that allows vehicles containing any amount of passengers to drive in the High Occupancy Vehicle lane.

ABSTRACT

AB 312 The adhesive label mimics the automobile registration label in size and shape, though not in color, to licensed individuals that provide a predetermined payment to the government of California annually. This adhesive label is revised and renewed annually with payment. This adhesive label allows the automobile of which the label is placed onto its license plate to drive in High Occupancy Vehicle (HOV) lanes despite the amount of passengers in the vehicle. All of the funds created by the distribution of these adhesive labels would be used to pay for the production of these labels, with the remainder of the funds being directly given to the Department of Energy’s funding and financing of alternative fuel sources


SECTION 1. The legislature finds and declares all of the following:The unreliability of fossil fuels poses a threat to the environment and the

transportation of people in the future.The Department of Motor Vehicles shall make available an adhesive label,

decal, or other identifier for purchase by registered drivers with an automobile that passes Smog testing.

The identifiers will be issued per fee determined by the department of motor vehicles and renewed annually.

Whereas automobiles with this identifier can drive in the High Occupancy Vehicle no matter the amount of passengers in the vehicle.

The funds received from the sale of these identifiers will be distributed to reimburse the funds spent for the production of the labels with the remainder given to the Department of Energy’s funding and financing of alternative fuel sources.

The payment for the identifiers will be made annually when registration is renewed for a price predetermined by the Department of Motor Vehicles.

The identifiers will not be the same color as the registration label and will be revised annually.

The identifier can be reissued in the circumstance of a non-repairable or salvaged vehicle if a fee determined by the department is paid.

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This identifier does not provide access to High Occupancy Vehicle lanes in private toll roads.

Vehicles driving in the High Occupancy Vehicle lane with a lack of necessary passengers to drive in this lane that fail to display the identifier, despite the owner having paid the predetermined fee, will be subject to the same punishment as a non-identified automobile lacking adequate passengers in the High Occupancy Vehicle lane.

The distribution of these identifiers will begin on January 1st, 2017.

— 2 — AB 312

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An act to amend Section 12838 of the Food and Agricultural Code, relating to pesticides.

ABSTRACTAB 313 implements fines on farmers who use pesticides known to harm bees.


SECTION 1. Legislature finds and declares all of the following:(1) Honey bees are vital to the pollination of many of California’s crops,

which are critical to our national food system and essential to the economy of the state.

(2) Annual colony losses from 2006 to 2011, inclusive, averaged about 33 percent each year, which is more than double what is considered sustainable according to the United States Department of Food and Agriculture.

(3) Scientists now largely agree that a combination of factors is to blame for declining pollinator health, including lack of varied forage and nutrition, pathogens and pests such as the Varroa mite, and chronic and acute exposure to a variety of pesticides.

SECTION 2. Section 12838 is added to the Food and Agricultural Code, to read:

(a) On and after July 1, 2018, the use of any pesticide that is moderately to severely toxic to bees, as determined by the federal Environmental Protection Agency, is prohibited.

(4) The California Department of Food and Agriculture shall implement a fine on one who utilizes these pesticides. This fine shall be $250 per acre at the first offense, $500 per acre at the second offense, and $750 per acre at the third offense, and the possibility of foreclosure at the fourth offense.

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Introduced by Members Representing the Pasadena Branch



An act to amend Section 67385 of the Education Code and add Section 67385.1, relating to student safety.

ABSTRACTAB 314 Mandates public postsecondary educational institutions to provide a

sexual assault crisis center on each of their respective campuses.


SECTION 1. Section 67385 of the Education Code is amended to read:67385. (a) The governing board of each community college district, the

Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. To supplement on-campus treatment facilities, the written procedure or protocols may provide for referrals to local community treatment centers.

(b) The written procedures or protocols adopted pursuant to subdivision (a) shall contain at least the following information:

(1) The college policy regarding sexual assault on campus. (2) Personnel on campus who should be notified, and procedures for

notification, with the consent of the victim. (3) Legal reporting requirements, and procedures for fulfilling them. (4) Services available to victims, and personnel responsible for providing

these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence.

(5) A description of campus resources available to victims, as well as appropriate off-campus services.

(6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact.

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(7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students and parents.

(8) Each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives.

(c) Each segment of higher education shall implement this chapter from existing funds and resources available to it.

(d) For the purposes of this section, “sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

SEC. 2. Section 67385.1 is added to the Education Code to read:67385.1. The governing board of the Trustees of the California State

University and the Regents of the University of California shall each adopt, a Sexual Assault Crisis Center available to students attending their respective campuses. It shall be operated as follows:

(1) Students or faculty who report to the crisis facility with an incident shall be referred to an appropriate employee of the center who shall offer the free following resources:

(a)Sexual Assault Evidence Kit (SAEK) in addition to the Sexual Assault Forensic Exam (SAFE) to preserve possible DNA evidence and receive important medical care. You don’t have to report the crime to have an exam, but the process gives you the chance to safely store evidence should you decide to report at a later time. Patrons will be notified after the administration that although they have the option of prosecution, the anonymous evidence collected may be added to the national database, making it easier to connect the perpetrator to a future crime.

(b) Psychological Therapy offered but not limited to individual or group(c) Have a sexual assault examiner and nurses on the clock.(d) First Aid(e) Patrons shall also be asked by employee the nature of the consequent

following the filing of their report. Patrons have the option of consulting with school site or local law enforcement.

(f) Raise awareness on sexual assault on and off campus(2) The facility shall be fully funded for the first year of its operation.

During this time, the facility shall culminate attendance-based data as the information collected shall correspond directly to funding and facility hours for each subsequent year following the first year of the facility’s opening.

(3) Potential employees of the center shall be mandated to undergo the school’s standard background check procedures upon being employed. Employees of the campus shall be mandated to agree to a school-authored contract and bylaws established in partnership with local law enforcement that ensures that the handling of sexual assault and sexual harassment cases

— 2 — AB 314

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— 2 — AB 314satisfies ethical standards of confidentiality. It is then up to the victim to take legal action.

(4) The facility shall allow trained interns who are not affiliated with the respected campus location to assist in the facility’s operations.

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Introduced by Members Representing the Newport-Corona del Mar Delegation


An act to add Article 6 to Chapter 2, Part 1 relating to creating a sales tax on non essential cosmetic surgeries in order to fund mental healthcare for prisoners.

ABSTRACT

AB 315 creates a 5% excise tax on the cost of all non essential cosmetic procedures, including costs the patient pays for surgical equipment and medicine, deemed as such by the American Society of Plastic Surgeons; on an enumerated list, to fund treatment for mental patients to prevent the recycling of prisoner incarceration.


SECTION 1. Section 7295 of the Revenue and Taxation Code is added, to read:

The Legislature finds and declares the following:a. Seeing that 30% of California state prisoners are mentally

ill, which amounts to approximately 33,000 people. Of these inmates, 50% (16,500) suffer from severe mental conditions, including schizophrenia, bipolar disorder, and manic depression: psychotherapeutic disorders treated easily with medication.

b. Annual healthcare cost per capita: $6,238 and with the 16,500 inmates in prison with schizophrenia, manic depression and bipolar disorder: 6,236 x 16,500 = 102,927,000 (the cost of necessary healthcare for the inmates in California). 20% of cosmetic surgery revenue in USA came from California: $2,585,523,073 and 5%= $129,276,153.

c. Prisoners are already screened for mental disorders upon entering prison;

(a) The Legislature intends to provide the means to aid the treatment of these people.

(b) A 5% tax shall be placed, on the consumer, of all of the following nonessential, strictly aesthetic surgeries, including the surgical equipment and medicine required to perform a/an:

(1)Breast augmentation:(2)Breast implant removals: aesthetic purposes only(3)Breast lift(4)Breast reduction: aesthetic purposes only(5)Buttock augmentation with fat grafting

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(6)Buttock implants(7)Buttock lift(8)Calf augmentation(9)Cheek implant(10)Chin augmentation(11)Dermabrasion: removal of thin, shallow, scars; would be considered an

aesthetic purpose(12)Otoplasty: reshapes ears, strictly cosmetic, does not involve hearing

problems(13)Blepharoplasty: eyelid lift(14)Facelift(15)Forehead lift(16)Hair transplant(17)Lip augmentation(18)Lip reduction: aesthetic purposes only(19)Liposuction: not a treatment for obesity(20)Lower body lift(21)Neck lift(22)Nose reshaping(23)Pectoral implants(24)Thigh lift(25)Tummy tuck(26)Upper arm lift(27)Botox(28)Cellulite treatment(29)Chemical peel(30)Intense pulsed light treatment(31)Laser hair removal(32)Laser skin resurfacing(33)Ablative(34)Non-ablative(35)Laser treatment of leg veins(36)Microdermabrasion(37)Sclerotherapy(38)Soft tissue fillers(39)Calcium hydroxylapatite(40)Collagen(41)Porcine/bovine-based(42)Human-based(43)Fat(44)Hyaluronic acid(45)Polylactic acid(46)Polymethyl-methacrylate microspheres(d) Money gained will be used to provide medicine for inmates in

California State Prisons diagnosed with schizophrenia, manic depression, and

— 2 — AB 315

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— 2 — AB 315

bipolar disorder. This includes medicine and increased visits to the already hired prison psychiatrist.

(e) The money not used for the healthcare initiative is carried over for additional wages for parole officers checking up on released inmates once they are on probation (average duration of 2 years). Parole officers would be given the additional task of monitoring the parolees’ use of federally funded health insurances, medicaid/medicare, to ensure the parolees continue to receive treatment.

(f) Facilitation of tax collection and distribution- 1.06% of sales tax money already earmarked for the 2011 realignment fund (criminal justice, mental health, social services). Money collected from tax would be designated to this fund, collected the same way through doctor’s tax audits.

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ASSEMBLY CONCURRENT RESOLUTION No. 316

Introduced by Members Representing the Culver-Palms Branch


February 11, 2016 Referred to the Portola Committee

Assembly Concurrent Resolution No. 316 - Relative to refugee resettlement

ABSTRACTACR 316 requests the State Department of Social Services, to extend refugee

benefits and to grant the eligibility to work to those resettled in the United States with refugee status, directly after arrival.


WHEREAS, the Federal Government is accepting more refugees in to the United States as of 2015, many coming to California; andWHEREAS, those resettled in the California are not granted any kind of benefits until after being granted asylum status; andWHEREAS, those resettled in the United States are not able to work until they achieve asylum status which cannot be achieved until after 150 days of living in the USA; andWHEREAS, refugees in California with no benefits and not able to work are forced to be dependent on voluntary organizations to assist them; andWHEREAS, voluntary organizations are limited in how long and how many people they can assist; andWHEREAS, social services in California already exist for refugees, however they are limited to only refugees with asylum status; andWHEREAS, California has funding for the already existing refugee social services and refugee benefit programs, therefore, extending benefits to refugees without asylum will not require additional funding; now, therefore, be it Resolved by the Senate of the State of California, the Assembly thereof concurring, That the members request that the State Department of Social Services make recommendations to the Legislature regarding the extension of benefits such as, Cash and Medical Assistance (CMA) and Refugee Social Services (RSS) to those who have refugee status directly after emigrating to California; and be it furtherResolved, that these residents will be given the benefits described above until they achieve asylum or have resided in California for 8 months; and be it furtherResolved that these residents will be able to work directly after arriving to California; and be it furtherResolved, That this action shall be effective starting in July, 2016; and be it

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further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the California Department of Social Services.

— 2 — ACR 316

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Introduced by Members Representing the San Luis Obispo County YMCA


An act to amend section 3160 of the Public Resource Code, relating to well stimulation.

ABSTRACTAB 317 proposes the prohibition of hydraulic fracturing, or “fracking,” to

reclaim oil and natural gasses as well as an amendment to oversee the safe evacuation or conversion of sites where hydraulic fracturing took place. 3152.”Hydraulic fracturing” means a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid or fluids into an underground geologic formation in order to fracture or with the intent to fracture the formation, thereby causing or enhancing, for the purposes of this division, the production of oil or gas from a well.


SECTION 1. Section 3160 of the Public Resource Code is amended to read:

3160. (a) Hydraulic fracturing shall be prohibited on public and private property.

(b) (1) (A) On or before January 1, 2017, the division, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and any local air districts and regional water quality control boards in areas where well stimulation treatments, including acid well stimulation treatments and hydraulic fracturing treatments, may occur, shall adopt rules and regulations specific to well stimulation treatments. The rules and regulations shall include, but are not limited to, revisions, as needed, to the rules and regulations governing construction of wells and well casings to ensure integrity of wells, well casings, and the geologic and hydrologic isolation of the oil and gas formation during and following well stimulation treatments, and full disclosure of the composition and disposition of well stimulation fluids, including, but not limited to, hydraulic fracturing fluids, acid well stimulation fluids, and flowback fluids.

(B)(i) On or before January 1, 2017, The Department of Toxic Substances Control, the State Air Resources Board, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and any local air districts and regional water quality control boards in areas where well stimulation treatments may or have occurred, shall oversee that sites where hydraulic fracturing treatments took place have been properly evacuated, or a

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wellpreviously employing hydraulic fracturing no longer utilize the technique.(ii) An independent scientific study shall be submitted to the California

Natural Resources Agency that evaluates the hazards, risks, and safety concerns left by the hydraulic fracturing operation. The scientific study shall include all of the following:

(I)Analyze the effects the well stimulation and hydraulic fracturing had on groundwater, atmospheric emissions, air quality, wildlife, native plants, and habitat, including habitat fragmentation, potential water and surface contamination and induced seismicity.

(II)Identify how fracturing and well treatment chemicals previously on the site were disposed of and treated, as well as the hazards and risks presented by disposing of said chemicals.

(3)Identify any geological changes present since the permit for the hydraulic fracturing of the well was submitted.

— 2 — AB 317

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Introduced by Members Representing the Westside Branch



Joint Resolution No. 318 -Relative to Public Radio Censorship

ABSTRACTAJR 318 memorializes Congress to uncensor explicit words on public radio.

WHEREAS, Artists directly and purposefully choose which words to include in their music; and

WHEREAS, Current legislation is ambiguous, and its enforcement is varied throughout the nation; and

WHEREAS, Radio listeners have a wide variety of public stations they can listen to; and

WHEREAS, Uncensored public radio will consequently offer a variety of stations to cater to consumer demands; now, therefore be it

Resolved by the Assembly and the Senate of the State of California, jointly, that the Legislature of the State of California respectfully memorializes the Congress of the United States to abolish any and all regulations regarding explicit word usage on public radio; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Speaker of the House of Representatives, the President Pro-Tempore of the United States Senate, and to each Senator and Representative from California in the Congress of the United States, and to the Chief Clerk of the Legislature in each of the other forty-nine states.

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Introduced by Members Representing the Santa Clarita Family Branch



An act to add to Sections 987.82 and 987.83 to the Penal Code, relating to Public Defense.

ABSTRACTAB 319 enacts standards for public defense caseload limits


SECTION 1. Section 987.82 is added the Penal Code, to read:987.82 (a) The contract or other employment agreement, or government

budget shall specify the types of cases for which representation shall be provided at public expense and the maximum number of cases that each public defender shall be expected to handle.

(b) The caseload of public defense attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Defender organizations, county offices, contract attorneys or assigned counsel shall accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this subdivision, “quality representation” means the minimum level of attention, care, and skill that California citizens would expect of their state’s criminal justice system as defined by the US Constitution’s 6th Amendment.

(c) Caseload limits shall reflect the maximum caseloads for fully supported full-time defense attorneys for cases of average complexity and effort in each case type specified. Caseload limits shall assume a reasonably even distribution of cases throughout the year.

(d) The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward if the mix of case assignments is weighted toward more serious offenses or case types that demand more investigation, legal research and writing, use of experts or social workers, or other expenditure of time and resources. In particular, felony caseloads should be assessed by the workload required, and certain other cases and types of cases should be weighted accordingly.

(e) If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense.

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(f) As used in this section, “case” means the filing of a document with the court naming a person as defendant or respondent, to whom an attorney is appointed in order to provide representation.

SEC 2: Section 987.83 is added to the Penal Code, to read:The caseload of a full-time public defense attorney or assigned counsel

shall not exceed the following:(a) 250 Felonies per attorney per year; or(b) 350 Misdemeanor cases per attorney per year; or(c) in certain circumstances described below the caseload may be adjusted

to no more than 400 cases, depending upon:(1) The caseload distribution between simple misdemeanors and complex

misdemeanors; orJurisdictional policies such as post-filing diversion and opportunity to

negotiate resolution of large number of cases as non-criminal violations;(2) Other court administrative procedures that permit a defense lawyer to

handle more cases; or(3) 250 Juvenile Offender cases per attorney per year; or(4) 100 open Juvenile Dependency cases per attorney; or(5) 300 Civil Commitment cases per attorney per year; or(6) 1 Active Death Penalty trial court cases at a time plus a limited number

of non death penalty cases compatible with the time demand of the death penalty case; or

(7) 45 Appeals to an appellate court hearing a case on the record and briefs per attorney per year. This limit assumes the assignment of an experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have significant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.

— 2 — AB 319

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Introduced by Members Representing the Verdugo Hills Branch



An act to amend Section 51933 of the education code, relating to sexual health education.

ABSTRACTAB 320 expands the responsibility of the government requires school districts

to provide more comprehensive education relating to sexual health including, but not limited to, introducing pupils to the Lesbian Gay Bisexual Transgender Queer+ community.


SECTION 1. Section 51933 of the Education Code is amended to read:(a) School districts may shall provide comprehensive sexual health

education, consisting of age-appropriate instruction, in any kindergarten to grade or any of grades 1 to 12, inclusive, using instructors trained in the appropriate courses.

(b) A school district that elects to offer comprehensive sexual health education provided pursuant to subdivision (a), whether taught by school district personnel or outside consultants shall satisfy all of the following criteria.

(1) Instruction and materials shall be age appropriate.(2) All factual information presented shall be medically accurate and

objective.(3) Instruction shall be made available on an equal basis to a pupil who

is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil as otherwise provided in this code.

(4) Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities.

(5) Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids.

(6) Instruction and materials shall encourage a pupil to communicate with his or her parents or guardians about human sexuality.

(7) Instruction and materials shall teach respect for marriage and committed relationships.

(8) Commencing in grade 7, instruction and materials shall teach that abstinence from sexual intercourse is the only certain way to prevent

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unintended pregnancy, teach that abstinence from sexual activity is the only certain way to prevent sexually transmitted diseases, and provide information about the value of abstinence while also providing medically accurate information on other methods of preventing pregnancy and sexually transmitted diseases.

(9) Commencing in grade 7, instruction and materials shall provide information about sexually transmitted diseases. This instruction shall include how sexually transmitted diseases are and are not transmitted, the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods of reducing the risk of contracting sexually transmitted diseases, and information on local resources for testing and medical care for sexually transmitted diseases.

(10) Commencing in grade 7, instruction and materials shall provide information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception.

(11) Commencing in grade 7, instruction and materials shall provide pupils with skills for making and implementing responsible decisions about sexuality.

(12) Commencing in grade 7, instruction and materials shall provide pupils with information on the law on surrendering physical custody of a minor child 72 hours or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.

(13) Commencing in grade 7, pupils shall be introduced to the Lesbian Gay Bisexual Transgender Queer+ community and shall learn about gender identity and sexuality. In order to encourage a safe and a comfortable environment, students shall be given the option to talk amongst their classmates and peers.

(14) Commencing in grade 9, instruction and materials shall provide information about abortions and programs pertaining to abortions.

(15) Commencing in grade 7, pupils shall have the option to choose if they want to be provided instruction on sexual education. However, by grade 9, they pupils shall be introduced to sexual orientation through their health class.

(c) A school district that elects to offer providing comprehensive sexual health education pursuant to subdivision (a) earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (8) to (12), inclusive, of subdivision (b).

(d) If a school district elects to offer In providing comprehensive sexual health education pursuant to subdivision (a), whether taught by school district personnel or outside consultants, the school district shall comply with the following:

(1) Instruction and materials may not teach or promote religious doctrine.(2) Instruction and materials may not reflect or promote bias against any

person on the basis of any category protected by Section 220.

— 2 — AB 320

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Introduced by Members Representing the Weingart East Los Angeles Branch


February 11, 2016 Referred to the Redondo Committee

An act to add section 32280.1 to the Education Code relating to school safety

ABSTRACTAB 321 Amends the law to reduce the presence of police in schools and increase

the budget for school counselors.


SECTION 1. Section 32280.1 to the Education Code is amended to read:

32280.1. The existing law enforcement presence in California public schools shall be reduced by 15% every year at the district level in order to create a school atmosphere that nurtures and promotes educational growth and well being. Being taken into effect during the 2017 school year and finishing by the end of the 2022 school year; the police officer presence will be one fourth of what it was in 2017. Funds once allocated to support school police will then be transferred to the school’s counselor budget which will increase by 15% annually starting in the 2017 school year and finishing in the 2022 school year. The increased counselor budget will allow counselors to have restorative justice training as a means to create alternative solutions to discipline.

Section 2.32280.1 The role of the existing law enforcement officers in schools shall

be limited to the intervention of situations that have the possibility of posing a violent threat to the school community as a whole.

Whereas, a violent threat where law enforcement involvement is permitted is as defined in the California Education Code 48900 subdivisions (a), (b), (c), (d), (e), (m), (n), (q).

Whereas, in the situation of a nonviolent threat, the involvement of law enforcement will be used at the discretion of the school’s principle in situations stated in the California Education Code 48900 subdivisions (f), (g), (h), (i), (j), (k), (l).

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Introduced by Members Representing the East Valley Branch



An act to add Section 25606 to the California Code of Regulations, relating to warning for headphones.

ABSTRACTAB 322 warns consumers about ear damage from headphones, via packaging

labels


SECTION 1. Section 25606 is added to the California Code of Regulations, to read:

Commencing January 1, 2018, any headphones sold that transmit sound over 85 decibels in volume shall warn the purchaser on their the packaging about the risk of hearing loss and at what percentage of volume capacity the headphone’s pass 85 decibels in volume.

25606.1 Any headphones sold that transmit sound over 85 decibels in volume must shall warn the user on their the packaging about the risk of hearing loss and at what percentage of volume capacity the headphone’s pass 85 decibels in volume.

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Introduced by Members Representing the Palos Verdes Delegation

of the San Pedro & Peninsula Branch of the YMCA of Metropolitan Los Angeles


An act to add Section 33000 to the Revenue and Taxation Code, relating to taxes.

ABSTRACTAB 323 imposes a 10% tax on the sale of nut products in addition to the sales

tax.


SECTION 1. Section 33000 of the Revenue and Taxation Code in added, to read:

(a) In addition to the taxes imposed by Sections 6001 -7176 (Sales and Use Taxes), an excise tax is hereby imposed on the consumption of nut products purchased from any retailer on or after July 1, 2016, for consumption in this state at the rate of 10 percent of the sales price of the product.

(b) A “Nut product” is defined as food product that has nuts as its primary ingredient by mass.

(c) “Nuts” is defined as the interior kernel a hard-shelled dry fruit or seed with a separable rind or shell.

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Introduced by Members Representing the San Pedro Delegation



An act to amend Section 11115 of the Penal Code, relating to criminal and mental records.

ABSTRACTAB 324 requires officials to regularly update mental health and criminal

databases. If failure to update database leads to the individual purchasing a gun, the official is held accountable.


SECTION 1. Section 11115 of the Penal Code is amended, to read:11115. In any case in which a sheriff, police department, or other law

enforcement agency makes an arrest and transmits a report of the arrest to the Department of Justice or to the Federal Bureau of Investigation, it shall be the duty of such law enforcement agency to furnish a disposition report to such agencies whenever the arrested person is transferred to the custody of another agency or is released without having a complaint or accusation filed with a court. The disposition report in such cases shall be furnished to the appropriate agencies within 30 days of release or transfer to another agency. If either of the following dispositions is made, the disposition report shall so state:

(a) “Arrested for intoxication and released,” when the arrested party is released pursuant to paragraph (2) of subdivision (b) of Section 849.

(b) “Detention only,” when the detained party is released pursuant to paragraph (1) of subdivision (b) of Section 849 or issued a certificate pursuant to subdivision (b) of Section 851.6. In such cases the report shall state the specific reason for such release, indicating that there was no ground for making a criminal complaint because (1) further investigation exonerated the arrested party, (2) the complainant withdrew the complaint, (3) further investigation appeared necessary before prosecution could be initiated, (4) the ascertainable evidence was insufficient to proceed further, (5) the admissible or adducible evidence was insufficient to proceed further, or (6) other appropriate explanation for release.

(c) If a sheriff, police department, or other law enforcement agency that is responsible for entering mental health and criminal records into a database fails to do so, and an individual about whom information should have been entered into the database purchases a gun or participates in an act of gun

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violence, the sheriff, police department, or other law enforcement agency shall be held partially liable.

— 2 — AB 324

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Introduced by Members Representing the Westchester Branch



Assembly Joint Resolution No. 332 relating to a State or U.S. Territory’s ability to secede from the Union.

ABSTRACTAJR 325 memorializes the Congress of the United States to propose giving

states and territories, currently claimed by the United States, the ability to secede if 90% of the territory’s residents vote to secede from the Union

WHEREAS, There have been multiple attempts of a state or territory to secede from the United States of America and the local governments of those territories were not given the option to peacefully secede.

WHEREAS, Creating a peaceful path to secession will deter any future violent disputes within the country by not forcing states to secede from the United States by armed conflict.

WHEREAS, If a state or territory does propose to secede, it must have the approval of 90% of that state or territory’s residents.

WHEREAS, If a state or territory votes on a proposition to secede, but it is not passed, that state or territory is required to wait a minimum of 25 years before a secession can be proposed again.

Resolved by the Assembly and the Senate of the State of California , jointly, that the Legislature of the State of California respectfully memorializes the Congress of the United States to propose that states within U.S. borders and territories outside of the lowers forty eight be granted the ability to peacefully secede; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Speaker of the House of Representatives, the President Pro-Tempore of the United States Senate, and to each Senator and Representative from California in the Congress of the United States, and to the Chief Clerk of the Legislature in each of the other forty-nine states.

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ASSEMBLY CONCURRENT RESOLUTION No. 326

Introduced by Members Representing the Ketchum-Downtown LA Branch


February 11, 2016 Referred to the Refugio Committee

Senate Concurrent Resolution No. 326-- Relative to water infrastructure.

ABSTRACTCR No.326--- Requests that the State Water Resources Control Board recommend solutions to the State of California relating to the improvement of statewide water infrastructure through improved identification of damaged pipes and subsequent repair if need be. WHEREAS, It has been determined that California is ranked highest among all states in terms of water infrastructure needs; andWHEREAS, The current resolution does not allocate proper attention to the repair and inspection of aging pipelines; and WHEREAS, Major cities have experienced cases of flooding and pipes bursting,culminating in the loss of up to 228 billion gallons of water annually; andWHEREAS, The state of California is susceptible to a loss of money and resources; and WHEREAS, The structural damage has resulted in issues which may have been more efficiently resolved had research been conducted regarding the most cost-efficient resolutions for pipes in need of replacement; now, therefore be it

Resolved, By the Senate of the State of California, the Assembly thereof, concurring, That the Members request that the State Water Resources Control Board make recommendations to the Legislature before the end of 2016 ; and it be further

Resolved, That the recommendations at all levels of government are crucial to meeting California’s water needs. Resolved, That the legislature will give serious consideration to each of these recommendations

Resolved, That the Chief Clerk of the Senate transmit copies of this resolution to the State Water Resources Board.

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Introduced by Members Representing the Triunfo Branch

of the Southeast Ventura County YMCA


An act to amend California freeway travel.

ABSTRACTAB 327 calls for a disregard of all speed laws on California freeways


SECTION 1. 1) California freeways are at a height of congestion due to excess cars on

the roads. This is due to heavily enforced speed limits. 2) this bill moves to eradicate all speed limits on California freeways. This

means there will not be a speed maximum or minimum. 3) This would reduce the stress on drivers that feel that are followed by the

cops for driving too fast and would reduce accidents. 4) Private highways and privately owned side streets would not be affected

by this bill, their speed limits would be up to the jurisdiction already in action. 5) Unemployment rates would not decrease, this is due to the fact that highway patrol would be relocated to areas with less officers.

6) This bill’s main benefit would be to reduce freeway traffic and stress related accidents.

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Introduced by Members Representing the Newport Harbor Delegation

of the Mission Viejo Branch of the YMCA of Orange County


An Act to amend section 51950 to the Education Code, relating to sexual abuse, sexual assault and sex trafficking education.

ABSTRACTAB 328 adds a mandatory sexual assault education that students must attend

one time during 9 through 12th grade.


SECTION 1. Section 51950 of the Education Code is amended to read: 51950. (a) A school district may continue to provide sexual abuse and

sex trafficking prevention. and will now include mandatory sexual assault education that students must attend one time during grades 9 through 12, using instructors trained in the appropriate area. A school district that elects to offer comprehensive sexual assault education pursuant to subdivision (a), whether taught by school district personnel or outside consultants including but not limited to a personal victim, shall satisfy all of the following:

(1) Instruction and materials shall be age appropriate.(2) All factual information presented shall be medically accurate and

objective.(3) Instruction shall be made available on an equal basis to a pupil who

is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil as otherwise provided in this code.

(4) Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities.

5) Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative

formats, and auxiliary aids.(6) Instruction and materials shall encourage a pupil to communicate with

his or her parents or guardians about sexual assault.(7) Instruction and materials shall teach respect for sexual partners.(8) Commencing in grade 9, instruction and materials shall teachthat rape is not the only form of sexual assault, show statistics of sexually

assaulted victims in high school, teach that sexual assault happens to all genders, and provide information on methods of self-defense and prevention of sexual assault.

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(9) Commencing in grade 9, Instruction and materials shall provide information about the different forms of sexual assault. This instruction shall include how it could happen, teach how to identify it, teach how to help a victim, and give resources to aid victims in recovery from sexual assault.

(10)Commencing in grade 9, instruction shall provide how to contact help if sexually assaulted.

(b) For purposes of this section, “sexual abuse, and sex trafficking prevention education” means instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident.

(c) A parent or guardian of a pupil has the right to excuse his or her child from all or part of sexual abuse and sex trafficking prevention education, and assessments related to that education. But all students must attend one sexual assault seminar between grades 9 through 12.

(d) The department may make available on the department’s Internet Web site resources on sexual abuse and sex trafficking prevention for professional learning purposes, and relevant materials for parents and guardians of pupils.

(e) A school district is encouraged to collaborate with law enforcement on intervention programs for high-risk pupils and minors.

(f) In-service training may be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse, sexual assault, and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors.

— 2 — AB 328

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Introduced by Members Representing the Berkeley Delegation



An Act to amend section 5150 of the Welfare and Institutions Code, relating to mental health.

ABSTRACTAB 329 amends the law relating to 72-hour commitment to a mental institution

of a person who is a danger to himself, herself, or others or gravely disabled to permit persons with severe mental illnesses, as defined, to be admitted into county evaluation without an initial agreement of consent.


SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:

(a) When a person, as a result of a mental health disorder severe mental illness, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county, personal doctor, or an immediate family member of the person, may, upon probable cause OR upon criteria as defined below in section X, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. For the purposes of this section, “severe mental illnesses” shall include:

(1) Schizophrenia.(2) Schizoaffective disorder.(3) Bipolar disorder (manic-depressive illness).(4) Major depressive disorders.(5) Panic disorder.(6) Obsessive-compulsive disorder.(7) Pervasive developmental disorder or autism.(8) Anorexia nervosa.(9) Bulimia nervosa At a minimum, assessment, as defined in Section 5150.4, and evaluation, as

defined in subdivision (a) of Section 5008, shall be conducted and provided on

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an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.

When evidence is provided that shows the person is gravely disabled but has not received a diagnosis or treatment, or shows the person has been previously diagnosed with a severe mental illness and issued a recommendation from personal doctor or specialist who made the diagnosis and has been seeing the patient regularly.

(b) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she can be properly served without being detained. If in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.

(c) Whenever a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision shall be offered as determined by the county mental health director.

(d) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder severe mental illness, a danger to others, or to himself or herself, or gravely disabled or meets criteria in Section X. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county,

— 2 — AB 329

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— 3 — AB 329

or family member the person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false.

(e) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.

(f) (1) Each person, at the time he or she is first taken into custody under this section, shall be provided, by the person who takes him or her into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form

:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .

You are not under criminal arrest, but I am taking you for an examination by mental health professionals at ._____ (name of facility) _____You will be told your rights by the mental health staff.

(2) If taken into custody at his or her own residence, the person shall also be provided the following information:

You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.

(g) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (f) which shall include all of the following:

(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional

taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as

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— 4 — AB 329

defined by regulations of the State Department of Health Care Services.(h) (1) Each person admitted to a facility designated by the county

for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:

My name is: _______________ My position here is: ____________You are being placed into this psychiatric facility because it is our

professional opinion that, as a result of a mental health disorder severe mental illness, you are likely to (check applicable):

� Harm yourself. � Harm someone else. � Be unable to take care of your own food, clothing, and housing

needs.We believe this is true because(list of the facts upon which the allegation of

dangerous gravely disabled due to mental health disorder severe mental illness is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.

During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.

If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ .

Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.

(i) For each patient admitted for evaluation and treatment, the facility shall keep with the patient’s medical record a record of the advisement given pursuant to subdivision (h), which shall include all of the following:

(1) The name of the person performing the advisement.(2) The date of the advisement.

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— 5 — AB 329

(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.(Amended by Stats. 2013, Ch. 567, Sec. 5. Effective January 1, 2014.)v

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Introduced by Members Representing the Eden Area Branch

of the YMCA of the East Bay


An act to amend Section 1954.52 of the Civil Code related to housing.

ABSTRACTAB 330 establishes universal rent control in the state of California, mandating

that landlords of both residential and commercial properties cannot increase a tenant’s rent more than 2.5% per year.


SECTION 1. Section 1954.52 of the Civil Code is amended to read: 1954.52. (a) Notwithstanding any other provision of law, an owner of

residential real property or commercial property may establish the initial and all subsequent rental rates for a dwelling or a unit, however such owner may not increase rental rates more than 2.5% per year about which any of the following is true: (1) It has a certificate of occupancy issued after February 1, 1995. (2) It has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units. (3) (A) It is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code. (B) This paragraph does not apply to either of the following: (i) A dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827. (ii) A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. The initial rent amount of the unit for purposes of this chapter shall be the lawful rent in effect on May 7, 2001, unless the rent amount is governed by a different provision of this chapter. However, if a condominium dwelling or unit meets the criteria of paragraph (1) or (2) of subdivision (a), or if all the dwellings or units except one have been sold separately by the subdivider to bona fide purchasers for value, and the subdivider has occupied that remaining unsold condominium dwelling or unit as his or her principal residence for at least one year after the subdivision occurred, then subparagraph (A) of paragraph (3) shall apply to that unsold condominium dwelling or unit. (C) Where a dwelling or unit in which the initial or subsequent rental rates are controlled by an ordinance or charter provision in effect on January 1, 1995, the following shall apply: (i) An owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all existing

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and new tenancies in effect on or after January 1, 1999, if the tenancy in effect on or after January 1, 1999, was created between January 1, 1996, and December 31, 1998. (ii) Commencing on January 1, 1999, an owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all new tenancies if the previous tenancy was in effect on December 31, 1995. (iii) The initial rental rate for a dwelling or unit as described in this paragraph in which the initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not, until January 1, 1999, exceed the amount calculated pursuant to subdivision (c) of Section 1954.53. An owner of residential real property as described in this paragraph may, until January 1, 1999, establish the initial rental rate for a dwelling or unit only where the tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure. (b) Subdivision (a) does not apply where the owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (c) Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction. (d) This section does not apply to any dwelling or unit that contains serious health, safety, fire, or building code violations, excluding those caused by disasters for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months or longer preceding the vacancy.

— 2 — AB 330

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Introduced by Members Representing the El Dorado Delegation

of the YMCA of Superior California

February 11, 2016 Referred to the Salt Point Committee

An act to amend Section 25663 of the Business and Professions Code, relating to alcohol regulatory provisions for minors.

ABSTRACTAB 331 permits any person over 16 to serve alcohol in restaurants.


SECTION 1. Section 25663 of the Business and Professions Code is amended to read:

25663. (a) Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor.

(b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.

(c) Any person between 16 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under the following circumstances: such service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises; and the primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to such duties. For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage.

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Introduced by Members Representing the Halstrom Academy Delegation

of the Mission Viejo Branch of the Orange County YMCA


An Act to amend section 110430 of the California Health and Safety Code, relating to food distribution.

ABSTRACTAB 332 legalizes the distribution of food after the sell by date.


SECTION 1. Section 110430 of the California Health and Safety Code is amended to read:

Whenever the department finds that a class of food distributed in this state may, by reason of contamination with micro-organisms during manufacture, packing, or storage, be injurious to the health of any man or other animal that consumes it and that the injurious nature cannot be adequately determined after this food has entered commerce, the department shall adopt regulations providing for the issuance of permits to manufacturers, processors, or packers of the class of food. These permits shall establish conditions governing the manufacture, packing, or storage of the class of food for the period of time as may be necessary to protect the public health. The regulations shall prescribe a date after which no person shall introduce or deliver for introduction into commerce any food manufactured, packed, or stored by any manufacturer, processor, or packer, unless the person holds a permit issued by the department as provided by the regulations. The manufacture may prescribe a date after which the quality of the product is not at its best. However, food may be sold or distributed after the sell by date with consumer discretion

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Introduced by Members Representing the Corona-Norco Family YMCA


An Act to amend section 6404.5(b) of the Labor Code relative to employee prohibitions on smoking near children and pregnant women.

ABSTRACTAB 333 prohibits smoking near children and pregnant women.


SECTION 1. Section 6404.5(b) of the Labor Code is amended to read: 6404.5(b) No employer shall knowingly or intentionally permit, and no

person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment nor where children and or pregnant women are around.

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SENATE BILL No. 351

Introduced by Members Representing the Marin Branch



An act to add Section 49431.3 to the Education Code in regards to vending machines.

ABSTRACTSB 351 requires vending machines to be removed from middle school campuses

in California.


SECTION 1. Section 49431.3 is added to the Education Code to read:49431.3 (a) No vending machines on any public school property or on the

grounds of any public school shall be given the availability for sale to pupils, but shall be terminated off all public middle school campuses.

(b) Current vending machines will be removed at the expense of the companies that own the vending machines.

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SENATE BILL No. 352

Introduced by Members Representing the Ketchum-Downtown LA Branch



An act to amend Code 49531 of Article 10 Child Nutrition Act of 1974 of Chapter 9 Pupil and Personnel Health in the California Education Code in relating to school food waste.

ABSTRACT

SB 352 requires each school district superintendent to provide and implement a compost program for students to dispose of any unwanted meal items during the school day. The bill also requires the superintendent to conduct random statewide checks on a periodic basis to regulate and confirm that these requirements are being met and being implemented and that any school district that substantially fails to fulfill these requirements be penalized 5% of its annual funding for school meal programs.


SECTION 1. Article 15 (commencing with Section 49595) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

Article 15: School Compost Program49595. (a) The governing board of each school district shall arrange

and implement a compost program by which students are able to dispose of unwanted food items into provided compost bins as well as a stronger recycling program. Thus, upon implication, the program shall continue as the following:

(1) Compost program: (A) Food waste is split into various categories of compostability by bins. (B) Food is turned into rich compost product. (C) Compost is verified. (D) Compost is either sold to companies or used for campus gardening

programs that grow fresh produce. (E) Money generated goes into research and improving quality of the

meals by buying greener, fresher alternatives to improve nutritional value of meals, thus transitioning into a cycle.

(2) Stronger recycling program:The school meal programs shall use compostable or recycle containers and

utensils, such as the following: (A) Compostable products that include paper or other plant fiber, and

corn, soy, or other plant starch based bio-plastics.

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(B) Recyclable products that include aluminum foil or trays and plastic containers or lids.

(C) Cafeterias are prohibited from using polystyrene foam (Styrofoam) food service ware since it is non-renewable, non-biodegradable and non-recyclable.

(D) Polyethylene film coating on paper is acceptable, but not foam coating

(b) Meal programs are advised to choose reusable service ware as opposed to disposable ones.

— 2 — SB 352

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SENATE BILL No. 353

Introduced by Members Representing the Northwest Branch


February 11, 2016 Referred to the Santa Monica Committee

An act to amend Section 7150.20 of the California Health and Safety Code, regarding anatomical gifts.

ABSTRACTSB 353 creates a Presumed Consent system for organ donation, offering an

“opt-out” option upon receiving a driver’s license instead of an “opt-in.”


SECTION 1. Section 7150.20 of the California Health and Safety Code is amended to read:

7150.20 (a) A donor may make an anatomical gift through any of the following:

(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card and included on a donor database registry. (1) By automatically authorizing oneself as a donor when receiving a state driver’s license.

(i) All driver’s license applicants will be informed that they are authorizing themselves as donors.

(ii) If a driver’s license applicant does not wish to become an organ donor, they will sign an opt-out form before receiving their license.

(iii) For those who do not opt out, the driver’s license will identify them as organ donors.

(2) Directly through the Donate Life California Organ and Tissue Donor Registry Internet Web site.

(3) In a will.(4) During a terminal illness or injury of the donor, by any form of

communication that clearly expresses the donor’s wish, addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing.

(5) As provided in subdivision (b).(b) A donor or other person authorized to make an anatomical gift under

Section 7150.15 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol, indicating that the donor has made an anatomical gift, be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the

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donor or other person and shall comply with all of the following:(1) Be witnessed by at least two adults, at least one of whom is

a disinterested witness, who have signed at the request of the donor or the other person.

(2) State that it has been signed and witnessed as provided in paragraph (1).(c) Revocation, suspension, expiration, or cancellation of a driver’s license

or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by donor will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

e) Notwithstanding subdivision (i) of Section 7150.65, a document of gift may designate a particular physician to carry out the recovery procedures. In the absence of this designation, or if the designee is not reasonably available or is deemed by the organ procurement organization not to be qualified to perform the required procedure, the organ procurement organization may authorize another physician or technician to carry out the recovery.

— 2 — SB 353

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SENATE BILL No. 354

Introduced by Members Representing the West Valley Branch



An act to amend Section 11350 of the Health and Safety Code, relating to the incrimination of pregnant women convicted of possession of or being under the influence of controlled substances.

ABSTRACT

SB 354 amends the clauses pertaining to the incarceration of all people, adding the caveat that pregnant women duly tried and convicted of possession or under the influence of controlled substances will be in a state of temporary probation and state rehabilitation; these women will continue with this status until such time as they are no longer pregnant, at which time they shall serve their full sentences.


SECTION 1. Section 11350 of the Health and Safety Code is amended to read:

11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. In cases in which the offender is any biological woman who is verified to be pregnant by a physician licensed to practice in this state or a registered nurse acting under the instruction of such a physician. In such cases, the offender shall be given a split sentence of probation and rehabilitation in facilities in accordance with section 11217 of the Health and Safety Code until the end of pregnancy as verified by a physician licensed to practice in this state or a registered nurse acting under the instruction of such a physician. At such time, the offender will serve the end of her split sentence imprisoned or on parole for no more than one year post-partum or pursuant to subdivision (h)

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of section 1170 of the Penal Code. (c) Except as otherwise provided in this division, whenever a person who

possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall 29 be denied probation before or after imprisonment or rehabilitation in cases in which the offender is a pregnant woman during the period preceding imprisonment because of his or her inability to pay the fine permitted under this subdivision.

— 2 — SB 354

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SENATE CONSTITUTIONAL AMENDMENT No. 355

Introduced by Members Representing the Peninsula Family Branch



And act to amend Section 2717.2. of the Penal Code, relating to prison labor agreements.

ABSTRACTSCA 355 establishes a mandatory allocation of the private company’s profits

of inmate labor and take 2% of those profits and return it to the prison in the form of an investment in a rehabilitation program to prepare the inmates for life after prison. This bill is not focusing on an increase for inmate wages, but instead looking at the privately owned companies and their profit from the inmate labor.


SECTION 1. Section 2717.10 is added to the Penal Code to read:2717.10. The Director of Corrections shall establish joint venture programs

within state prison facilities to allow joint venture employers to employ inmates confined in the state prison system for the purpose of producing goods or services.

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SENATE BILL No. 356




An act to amend Section 22958 of the Stop Tobacco Access to Kids Enforcement Act, relating to tobacco.

ABSTRACTSB 356 will increase the penalties and revocations against any person, firm, or

corporation that sells, gives, or in any way furnishes to another person who is under the age of 18 years, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance.


SECTION 1. 22958 (a) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under the age of 18 years, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, according to the following schedule: (1) a civil penalty of from four hundred dollars ($400) to six hundred dollars ($600) for the first violation, (2) a civil penalty of from nine hundred dollars ($900) to one thousand dollars ($1,000) for the second violation within a five-year two year period, (3) a civil penalty of from one thousand two hundred dollars ($1,200) to one thousand eight hundred dollars ($1,800) for a third violation within a five-year two year period, (4) a civil penalty of from three thousand dollars ($3,000) to four thousand dollars ($4,000) for a fourth violation within a five-year two year period, or (5) a civil penalty of from five thousand dollars ($5,000) to six thousand dollars ($6,000) for a fifth violation within a five-year two-year period.

(b) (1) In addition to the civil penalties described in subdivision (a), upon the assessment of a civil penalty for the first, second, third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 in accordance with the following schedule:

(A) A 45-day 30-day suspension of the license for a third first violation at

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the same location within a five-year period.(B) A 90-day 60-day suspension of the license for a fourth second violation

at the same location within a five-year period.(C) 90-day suspension of the license for a third violation at the same

location within a two- year period.(D) 120-day suspension of the license for a fourth violation at the same

location within a two-year period.(C) (E) Revocation of the license for a fifth violation at the same location

within two-year period.(2) The provisions of Chapter 4 (commencing with Section 55121) of Part

30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the State Board of Equalization pursuant to paragraph (1).

(c) (1) For each suspension or revocation pursuant to subdivision (b), the civil penalty of two hundred fifty dollars ($250) assessed pursuant to that subdivision, notwithstanding Section 22953, shall be deposited into the Cigarette and Tobacco Products Compliance Fund established pursuant to Section 22990. Moneys from that civil penalty deposited into this fund shall be made available to the State Board of Equalization, upon appropriation by the Legislature, for the purposes of meeting its duties under subdivision (b).

(2) The department shall, upon request, provide to the State Board of Equalization information concerning any person, firm, or corporation that has been assessed a civil penalty for violation of the STAKE Act pursuant to this section when the department has notified the State Board of Equalization of the violation.

(d) The enforcing agency shall assess penalties pursuant to the schedule set forth in subdivision (a) against a person, firm, or corporation that sells, offers for sale, or distributes tobacco products from a cigarette or tobacco products vending machine, or a person, firm, or corporation that leases, furnishes, or services these machines in violation of Section 22960.

(e) An enforcing agency may assess civil penalties against a person, firm, or corporation that sells or deals in tobacco or any preparation thereof, and fails to post conspicuously and keep posted in the place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952. The civil penalty shall be in the amount of two hundred dollars ($200) for the first offense and five hundred dollars ($500) for each additional violation.

(f) An enforcing agency shall assess penalties in accordance with the schedule set forth in subdivision (a) against a person, firm, or corporation that advertises or causes to be advertised a tobacco product on an outdoor billboard in violation of Section 22961.

(g) If a civil penalty has been assessed pursuant to this section against a person, firm, or corporation for a single, specific violation of this division, the person, firm, or corporation shall not be prosecuted under Section 308 of the Penal Code for a violation based on the same facts or specific incident for which the civil penalty was assessed. If a person, firm, or corporation has

— 2 — SB 356

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— 3 — SB 356

been prosecuted for a single, specific violation of Section 308 of the Penal Code, the person, firm, or corporation shall not be assessed a civil penalty under this section based on the same facts or specific incident upon which the prosecution under Section 308 of the Penal Code was based.

(h) (1) In the case of a corporation or business with more than one retail location, to determine the number of accumulated violations for purposes of the penalty schedule set forth in subdivision (a), violations of this division by one retail location shall not be accumulated against other retail locations of that same corporation or business.

(2) In the case of a retail location that operates pursuant to a franchise as defined in Section 20001, violations of this division accumulated and assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location for purposes of the penalty schedule set forth in subdivision (a).

(i) Proceedings under this section shall be conducted pursuant to Section 131071 of the Health and Safety Code, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071 of the Health and Safety Code.

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SENATE BILL No. 357

Introduced by Members Representing the Miller Family Branch



An act to add to Section 14016 to the Food and Agriculture Code, related to pesticides.

ABSTRACTSB 357 would ban all use of the bee-killing pesticide neonicotinoid, a class of

neuro-active insecticides chemically similar to nicotine.


SECTION 1. Section 14016 is added to the Food and Agricultural Code, to read:

14016. It is unlawful to use neonicotiniod pesticides.(b) For the purposes of this section, neonicotiniod pesticides include

acetamimprid, clothianidin, imidacloprid, nitenpyram, nithiazine, thiacloprid and thiamethoxam.

14027 (a) Notwithstanding Section 12998, any person who violates this section 14016 is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. In assessing a civil penalty under this article, the court shall consider the appropriateness of the penalty with respect to the following factors:

(1) The size of the business of the person being charged.(2) The gravity of the violation.(3) The good faith of the person being charged.(4) The history of previous violations. Any money recovered under this section shall be paid into the Department

of Food and Agriculture Fund for use by the department in administering this division and Division 6 (commencing with Section 11401).

(b) Liability may be imposed under subdivision (a) only if the department establishes that the violation was caused by an act which was the result of intentional or negligent

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SENATE BILL No. 358

Introduced by Members Representing the South Pasadena San Marino Branch


February 11, 2016 Referred to the Tahoe Committee

An act to to add Section 2841 to the Penal Code, relating to sentencing.

ABSTRACTSB 358 mandates that Prisoners convicted of a crime before age 25 will be

released at the age of 55 regardless of their sentence


SECTION 1. Section 2841 is added to the Penal Code to read:2841. Any inmate incarcerated in the California Prison system convicted

of a crime before the age of twenty-five and is over the age of fifty five shall be released regardless of their sentence, except as specified. The inmates in the process of being released will be required to go through a similar process as an inmate that goes through parole making sure the inmate is deemed safe to the public. However, unlike parole it is not up for the prisoner to prove that they are rehabilitated, their rehabilitation at that point shall be assumed and it will be the burden of the state to show that they are unfit for release. This can be demonstrated by, but it not limited to, the sworn testimony of a psychiatrist, evidence of violent behavior in prison, or if their actions before prison were so heinous that it can be assumed that an inmate could never be rehabilitated.

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SENATE BILL No. 359

Introduced by Members Representing the Valle Lobo Delegation



An act to add section 71500 to the Public Resources Code, relating to environmental protection.

ABSTRACTSB 359 adds a new law to tax products containing PVC (Polyvinyl Chloride),


SECTION 1. Division 34 Section 71500 of the Public Resources Code is added to read:

71500. Starting January 1, 2018, all products containing PVC (Pernicious Vile Compound) shall be taxed at a rate of fifty cents per ounce. The proceeds of this tax shall be deposited into the PVC Fund established in subdivision (b). Any company producing products containing PVC shall report the amounts used to the California Environmental Protection Agency.

The PVC Fund is hereby created in the State Treasury, to be administered by the California Environmental Protection Agency. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the California Environmental Protection Agency, without regard to fiscal years, to be donated to environmental programs at the agency’s discretion to help the environment.

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SENATE BILL No. 360

Introduced by Members Representing the Crescenta-Canada Family Branch



An act to amend section 10608.48 of the water code, regarding the funding of technology in agriculture.

ABSTRACTSB 360 requires the California Department of Food and Agriculture to

subsidize pipe leak sensors and soil tension sensors through the Agricultural Water Use Efficiency 2015 Grants Program in Proposition 1.


SECTION 1. Section 10608.48 of the water code is amended to read:

(a) On or before July 31, 2012, an agricultural water supplier shall implement efficient water management practices pursuant to subdivisions (b) and (c). (b) Agricultural water suppliers shall implement all of the following critical efficient management practices: (1) Measure the volume of water delivered to customers with sufficient accuracy to comply with subdivision (a) of Section 531.10 and to implement paragraph (2). (2) Adopt a pricing structure for water customers based at least in part on quantity delivered. (c) Agricultural water suppliers shall implement additional efficient management practices, including, but not limited to, practices to accomplish all of the following, if the measures are locally cost effective and technically feasible: (1) Facilitate alternative land use for lands with exceptionally high water duties or whose irrigation contributes to significant problems, including drainage. (2) Facilitate use of available recycled water that otherwise would not be used beneficially, meets all health and safety criteria, and does not harm crops or soils. (3) Facilitate the financing of capital improvements for onÂ farmirrigation systems. (4) Implement an incentive pricing structure that promotes one or more of the following goals: (A) More efficient water use at the farm level. (B) Conjunctive use of groundwater. (C) Appropriate increases of groundwater recharge. (D) Reduction in problem drainage. (E) Improved management of environmental resources. (F) Effective management of all water sources throughout the year by adjusting seasonal pricing structures based on current conditions. (5) Expand line or pipe distribution systems, and construct regulatory reservoirs to increase distribution system flexibility and capacity, decrease maintenance, and reduce seepage. (6) Increase flexibility in water ordering by, and delivery to, water customers within operational limits. (7) Construct and operate supplier spill

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and tail water recovery systems. (8) Increase planned conjunctive use of surface water and groundwater within the supplier service area. (9) Automate canal control structures. (10) Facilitate or promote customer pump testing and evaluation. (11) Designate a water conservation coordinator who will develop and implement the water management plan and prepare progress reports. (12) Provide for the availability of water management services to water users. These services may include, but are not limited to, all of the following: (A) On farm irrigation and drainage system evaluations. (B) Normal year and real-time irrigation scheduling and crop evapotranspiration information. (C) Surface water, groundwater, and drainage water quantity and quality data. (D) Agricultural water management educational programs and materials for farmers, staff, and the public. (13) Evaluate the policies of agencies that provide the supplier with water to identify the potential for institutional changes to allow more flexible water deliveries and storage. (14) Evaluate and improve the efficiencies of the supplier’s pumps. (d) Agricultural water suppliers shall include in the agricultural water management plans required pursuant to Part 2.8 (commencing with Section 10800) a report on which efficient water management practices have been implemented and are planned to be implemented, an estimate of the water use efficiency improvements that have occurred since the last report, and an estimate of the water use efficiency improvements estimated to occur five and 10 years in the future. If an agricultural water supplier determines that an efficient water management practice is not locally cost effective or technically feasible, the supplier shall submit information documenting that determination. (e) The data shall be reported using a standardized form developed pursuant to Section 10608.52. (f) An agricultural water supplier may meet the requirements of subdivisions (d) and (e) by submitting to the department a water conservation plan submitted to the United States Bureau of Reclamation that meets the requirements described in Section 10828. (g) On or before December 31, 2013, December 31, 2016, and December 31, 2021, the department, in consultation with the board, shall submit to the Legislature a report on the agricultural efficient water management practices that have been implemented and are planned to be implemented and an assessment of the manner in which the implementation of those efficient water management practices has affected and will affect agricultural operations, including estimated water use efficiency improvements, if any. (h) The department may update the efficient water management practices required pursuant to subdivision (c), in consultation with the Agricultural Water Management Council, the United States Bureau of Reclamation, and the board. All efficient water management practices for agricultural water use pursuant to this chapter shall be adopted or revised by the department only after the department conducts public hearings to allow participation of the diverse geographical areas and interests of the state. (i) (1) The department shall adopt regulations that provide for a range of options that agricultural water suppliers may use or implement to comply with the measurement requirement in paragraph

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(1) of subdivision (b). (2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code.(j) Subsidize pipe leak sensors and soil water content sensors (specifically Time Domain Transmission sensors) for farmers starting immediately. (1) For every 100 acres of farmland, farmers that implement pipe leak sensors are to be subsidized by approximately $500, once installed on every pipe. (a)Annually, farmers are to be subsidized $250 for every 100 acres of farmland for the maintenance of these innovations. (2) For every 100 acres of farmland, farmers that use soil water content sensors, specifically Time Domain Transmissivity sensors, are to be subsidized by approximately $750. (a) Annually, farmers are to be subsidized $250 for every 100 acres of farmland maintenance of these devices. (3) Farms that already use pipe leak sensors or soil water content sensors are to start being subsidized for the annual cost of these innovations immediately. (4) In times of no drought, farmers are to still be subsidized for using these devices to prevent drought in the future.

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SENATE BILL No. 361

Introduced by Members Representing the Central Coast Delegation


An act to add Section 6930 to the Family Code, relating to the prescription of puberty blockers to transgender youth.

ABSTRACTSB 361 authorizes a minor who is 12 years of age or older and who is diagnosed

with gender dysphoria to consent to the use of puberty blockers if the minor satisfies specified requirements. The bill provides that the parent or guardian of the minor is not liable for payment for any care pursuant to this provision.


SECTION 1. Section 6930 is added to the Family Code to read:6930(a) A minor who is 12 years of age or older and who is diagnosed

with gender dysphoria may consent to the use of puberty blockers as related to transgender medical care if both of the following requirements are satisfied:

(1) The minor, in the opinion of the attending professional person, pursuant to Section 6929 (4), is mature enough to intelligently use puberty blockers.

(2) The minor would present a danger of serious physical or mental harm to self or to others without the use of puberty blockers.

(b) This section does not authorize a minor to do either of the following:(1)Obtain cross-sex hormone therapy, which has irreversible effects,

without parental authorization.(2)Undergo sex reassignment surgery without parental authorization.

(c) The minor’s parent or guardian is not liable for payment for any care provided to a minor pursuant to this section.

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SENATE BILL No. 362




An act to add Section 43.101 to the Civil Code, and to add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, relating to emergency responders.

ABSTRACTSB 362 exempts an emergency responder or a public entity or public employee

from liability for damage to an unmanned aircraft or unmanned aircraft system that has entered a no fly zone.


SECTION 1. Section 43.101 is added to the Civil Code, to read:43.101. (a) An emergency responder shall not be liable for any damage to

an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code.

(b) (1) For purposes of this section, “emergency responder” means either of the following, if acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services:

(A) A paid or unpaid volunteer.(B) A private entity.(2) All of the following terms shall have the same meaning as the terms as

used in Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code:

(A) Public employee.(B) Public entity.(C) Unmanned aircraft.(D) Unmanned aircraft system.

SEC. 2. Chapter 4.5 (commencing with Section 853) is added to Part 2 of Division 3.6 of Title 1 of the Government Code, to read:

CHAPTER 4.5. Unmanned Aircraft853. A public entity or public employee shall not be liable for any damage

to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was providing, and the

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unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services:

(a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services.

(b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services.

(c) Search and rescue services, including, but not limited to, air search and rescue services.

853.5. The following definitions shall apply to this chapter:(a) “Unmanned aircraft” means an aircraft that is operated without the

possibility of direct human intervention from within or on the aircraft.

(b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

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SENATE BILL No. 363

Introduced by Members Representing the Culver-Palms Branch


February 11, 2016 Referred to the Thornton Committee

An act to amend Section 51225.3 of the Education Code, relating to graduation requirements.

ABSTRACTSB 363 mandates students to complete a course in military training and civil

service in order to receive a diploma of graduation from high school.


SECTION 1. Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read:

51225.3 (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:

(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:

(A) Three courses in English.(B) Two courses in mathematics. If the governing board of a school district

requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.

(C) Two courses in science, including biological and physical sciences.(D) Three courses in social studies, including United States history and

geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.

(E) One course in visual or performing arts, foreign language, or, commencing with the 2012-13 school year, career technical education.

(F) One semester course in military training and one semester course of civil service.

(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language.

(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement.

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(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section.

(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following:

(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph.

(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980.

(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California.

(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing board of the school district.

(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.

(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information:

(1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for

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the 2005-06 to 2011-2012 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012-13 to 2016-17 school years, inclusive.

(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a).

(3) The type and number of career technical education courses that were conducted for the 2005-06 to 2011-12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012-13 to 2016-17 school years, inclusive.

(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University.

(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education.

(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement.

(7) Annual pupil dropout and graduation rates for the 2011-12 to 2014-15 school years, inclusive.

(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section.

(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils.

(f) This section shall become inoperative on the earlier of the following two dates:

(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned

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with career preparation, emphasizing real-world application and technical content in related career and technical education courses.

(2) On July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.

Sec. 2. Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read:

51225.3. (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:

(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:

(A) Three courses in English.(B) Two courses in mathematics. If the governing board of a school district

requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.

(C) Two courses in science, including biological and physical sciences.(D) Three courses in social studies, including United States history

and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.

(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language.

(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code.

(G) One semester in military training and one semester of civil service. (2) Other requirements adopted by the governing board of the school district.

(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.

(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section.

(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative.

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SENATE BILL No. 364

Introduced by Members Representing the Conejo Valley Branch



An act to amend Section 5250 of the Welfare and Institutions Code, relating to mental health.

ABSTRACTSB 364 provides clarification to the laws involving forced hospitalization for

mentally ill patients.


SECTION 1. Whereas when the severely mentally ill receive the treatment they need, the rate of both violent and nonviolent crimes will decline; and Whereas the decline in crime will result in fewer trials, saving the state money; in addition

Whereas the treatment of severely mentally ill would result in a general decline in prison over-crowding; and

Whereas severely mentally ill adults who attempt suicide make up 4% of hospital visits annually; Therefore the definition “Grave Disability” within the legislation must be revised for clarity (Establish conservatorships by clear and convincing evidence and revise procedures to allow for efficient application and due process for conservatorships applied for community settings), adoption of legal processes to determine probable cause for hospitalization and capacity to refuse medication in one hearing, develop local systems of inter-agency coordination to ensure timely transportation and placement in facilities appropriate to the person’s needed level of care, and/or many treatment facilities must be reopened in order to accommodate an adequate amount of patients, implement Laura’s Law (Assisted Outpatient Treatment) statewide

All laws or any portions thereof in conflict with these provisions are hereby null and void.

If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article 2 (commencing with Section 5200) or Article 3 (commencing with Section 5225) and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism for an appropriate length of time as determined by a qualified physician, based on the severity of the patient’s individual case, under the following conditions:(a)‚The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and has found the person is, as a result of mental disorder or

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impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, which is defined as an individual unable to provide for their own personal needs for good clothing or shelter or deemed to be endangering or having the capability to endanger their own life or the life of another.

5300. At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article for an additional period, not to exceed 180 days if one of the following exists:

(c) The person had made a serious threat of substantial physical harm upon the person of another withinsevendaysofbeingtakenintocustody,that threat having at least in part resulted in his or her being taken into custody, and the person presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm upon others.

5348 (a) For purposes of subdivision (e) of Section 5346, a county thatchoosestoprovides assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services including, but not limited to, all of the following:

5350 A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.

The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:

(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, or a person who has been hospitalized under criteria of danger to self or others and may be in need of substitute decision making, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.

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SENATE BILL No. 365



An act to add section 8880.67 to the government code that is pertaining the CA lottery fund.

ABSTRACTSB 365 adjusts the allocations of the State lottery fund through reducing the

prize pool by 5% every 5 years for the next 25 years.


SECTION 1. Section 8880.67 of the government code will be added to read:

(a) Beginning on January 1st, 2017, the State lottery fund as described in section 8880.61 will have an adjusted pool every 5 years. This reduction to the lottery fund will come out of the overall pool for prizes of draw and ticket games under the Lottery. Any adjustments to ticket price as a result of this Statute is up to the discretion of the existing State committee for the lottery.

(b) This adjustment every 5 years will be 5% of the last year’s allotted fund. These adjustments will only take effect for the next 25 years, with only 5 adjustments.

The funds made available under the 5% reduction in the prize pool as specified in Clause (a) shall be allocated to the portion of the Lottery fund dedicated to funding for education under the California State Lottery Education Fund.

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SENATE BILL No. 366



An act to amend Section 12811 of the Vehicle Code, relating to licensed organ donors.

ABSTRACTSB 366 serves to increase the education of California drivers towards becoming

an organ donor and increasing the ease of becoming one such donor.


SECTION 1. Section 12811 of the Vehicle Code is amended to read:12811. (a) (1) (A) When the department determines that the applicant is

lawfully entitled to a license, it shall issue to the person a driver’s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee.

(B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation of the license.

(C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection.

(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years shall display the words “provisional until age 18.”

(b) (1) On and after July 1, 2011, an application for an original or renewal driver’s license or identification card shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (A) Yes, add my name to the donor registry or (B) I do not wish to register at this time.

(2) The department shall inquire verbally of an applicant applying in person for an original or renewal driver’s license or identification card at a department office as to whether the applicant wishes to enroll in the Donate Life California Organ and Tissue Donor Registry. Failure or refusal to answer this question or check a box on the application form shall not be a basis for the department to deny an applicant a driver’s license or identification card.

(3) The following language shall be included:Marking “Yes’ adds your name to the Donate Life California Organ and

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Tissue Donor Registry and a pink â€˜donor’ dot will appear on your license. If you wish to remove your name from the registry you must contact Donate Life California (see back); DMV can remove the pink dot from your licenses but cannot remove you from the registry.”

(4) The back of the application shall contain the following statement:“If, on the front of this form, you marked â€˜Yes’ to register as an organ

and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. Registering as a donor will not affect your medical treatment in any way. As outlined in the California Anatomical Gift Act, your authorization is legally binding and, unless the donor is under 18 years of age, your decision does not require the consent of any other person. For registered donors under 18 years of age, the legal guardian shall make the final donation decision. You may limit your donation to specific organs or tissues, place usage restrictions, for example transplantation or research, obtain more information about donation, or remove your name from the registry on the Internet Web site of Donate Life California: www.donateLIFEcalifornia.org.”

(5) Notwithstanding any other law, a person under 18 years of age may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation.

(6) The department shall collect donor designation information on all applications for an original or renewal driver’s license or identification card.

(7) The department shall print the word “DONOR” or another appropriate designation on the face of a driver’s license or identification card to a person who has indicated on the application his or her intent to enroll in the organ donation program pursuant to this section.

(8) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar all of the following information from every application that indicates the applicant’s decision to enroll in the organ donation program:

(A) His or her true full name.(B) His or her residence or mailing address.(C) His or her year of birth.(D) His or her California driver’s license number or identification card

number.(9) (A) A person who applies for an original or renewal driver’s license or

identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver’s license or identification card.

(B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department’s

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deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs.

(C) The department shall transmit to the Donate Life California Organ and Tissue Donor Registry and the appropriate policy and fiscal committees of the Legislature an annual report, and shall make available quarterly updates, detailing funds collected through voluntary contributions as well as a summary of applicants, including all of the following nonidentifiable information:

(i) Date of application.(ii) Method of application (field office, online, or mail).(iii) Donor registration status.(iv) ZIP Code.(v) Gender.(vi) Year of birth.(D) (i) The annual report to be submitted to the appropriate policy and

fiscal committees of the Legislature pursuant to subparagraph (C) shall be submitted in compliance with Section 9795 of the Government Code.

(ii) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting the annual report to the appropriate policy and fiscal committees of the Legislature imposed under subparagraph (C) is inoperative four years after the date the first annual report is due.

(10) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.

(11) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor’s death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), the donation does not require the consent of any other person.

(12) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt.

(13) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California.

(c) (1) All applications for a driver’s license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:

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“By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.”

(2) The department shall collect the information obtained pursuant to paragraph (1).

(3) As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:

(A) His or her true full name.(B) His or her mailing address.(4) Information obtained by the Department of Veterans Affairs for

the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.

(5) Commencing November 11, 2015, an in-person application for a driver’s license or identification card shall allow an applicant to request the word “VETERAN” be printed on the face of the driver’s license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veteran’s status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word “VETERAN” shall be printed on the face of a driver’s license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.

(d) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b).

(e) A contract shall not be awarded to a nongovernmental entity for the processing of driver’s licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.

(f) Education on organ donation shall be implemented into Driver’s Education and displayed within all California Department of Motor Vehicles (offices?). This will be effective by January 1, 2017.

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SENATE JOINT RESOLUTION No. 367

Introduced by Members Representing the San Luis Obispo County YMCA


Joint Resolution No. 367 relative to essential health benefits for transgender individuals.

ABSTRACTSJR 367 urges Congress to propose categories (K), (L), and (M) to the

Affordable Care Act providing for health care benefits for transgender individuals.

Resolved by the Assembly and Senate of the State of California, jointly, That the Legislature of the State of California respectfully memorializes the Congress of the United States to propose categories (K), (L), and (M) to SECTION 1302 (b)(1) of the Affordable Care Act, to read:SEC. 1302. ESSENTIAL HEALTH BENEFITS REQUIREMENTS.(a) ESSENTIAL HEALTH BENEFITS PACKAGE. In this title, the term “essential health benefits package” means, with respect to any health plan, coverage that (1) provides for the essential health benefits defined by the Secretary under subsection (b);(2) limits cost-sharing for such coverage in accordance with subsection (c); and(3) subject to subsection (e), provides either the bronze, silver, gold, or platinum level of coverage described in subsection (d).(b) ESSENTIAL HEALTH BENEFITS. (1) IN GENERAL. Subject to paragraph (2), the Secretary shall define the essential health benefits, except that such benefits shall include at least the following general categories and the items and services covered within the categories:(A) Ambulatory patient services.(B) Emergency services.(C) Hospitalization.(D) Maternity and newborn care.(E) Mental health and substance use disorder services, including behavioral health treatment.(F) Prescription drugs.(G) Rehabilitative and habilitative services and devices.(H) Laboratory services.(I) Preventive and wellness services and chronic disease management.(J) Pediatric services, including oral and vision care.(K) Sex reassignment surgery for transgender individuals.(L) Facial and body feminization or masculinization for transgender

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individuals.(M) Hormone replacement therapy, medication, and psychiatric care for transgender individuals.Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice-President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States, and to the Chief Clerk of the Legislature in each of the other forty-nine states.

— 2 — SJR 367

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SENATE BILL No. 368

Introduced by Members Representing the Westside Branch


February 11, 2016 Referred to the Tomales Bay Committee

An act to amend Section 546 and 560 of the Appropriations Act.

ABSTRACTSB 368 places a tax on guns above .50 caliber and to add to the Department of

Homeland Security Appropriations Act, 2015.


SECTION 1. Section 546 of the Appropriations Act is amended, to read:

546. Prohibits funds made available under this Act from being used:(1) by a federal law enforcement officer to facilitate the transfer of an

operable firearm to an individual if the officer knows or suspects that the individual is an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times,

(2) to implement the National Preparedness Grant Program unless explicitly authorized by Congress, or

(3) to provide a 30% tax increase on all gun above .50 caliber weapon

SECTION 2. Section 560 of the Appropriations Act is amended, to read:Directs the Secretary to submit annual reports on the purchase and usage of

ammunition and weapons by DHS. With the number of guns being purchased in California having risen to over five-hundred thousand in 2014 and six-hundred thousand in 2015, advises for the taxation of guns to be risen

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SENATE BILL No. 369

Introduced by Members Representing the El Camino Branch



An act to add Division 121 (commencing with Section 152000) to the Health & Safety Code, relating to public health.

ABSTRACTSB 369 would require the State Water Resources Control Board to develop

regulations requiring public water systems to add lithium to public water systems, as specified, for the purpose of reducing homicide and suicide rates.


SECTION 1. Divison 121 (commencing with Section 152000) is added to the Health and Safety Code, to read as follows:

DIVISION 121: Addition of Lithium to Public Water Systems

152000.1. (a) In order to promote public health and safety through the protection and maintenance of the publicâ€™s health and safety, the State Water Resources Control Board shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code, requiring the the addition of lithium to public water systems. By July 1, 2020, each public water system with at least 10,000 services connections shall provide to the board an estimate of the total capital costs to install lithium treatment. The regulations adopted by the board shall take effect on January 1, 2020.

(b) The regulations shall include, but not be limited to, the following:(1) Minimum and maximum permissible concentrations of lithium to be

maintained by adding lithium to public water systems.(2) The requirements and procedures for maintaining proper concentrations

of lithium, including equipment, testing, recordkeeping, and reporting.(3) Requirements for the addition of lithium to public water systems in

which the natural level of lithium is less than the minimum level established in the regulations.

(4) A schedule for lithium addition to public water systems with at least 10,000 service connections, based on the lowest capital cost per connection for each system.

SEC. 2. Section 152000.2 is added to the Health and Safety Code, to read:(a) (1) A public water system is not required to comply with Section

15200.1, 152000.1 or the regulations adopted thereunder by the department,

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in either of the following situations:(A) If the public water system is scheduled to implement a lithium addition

program pursuant to paragraph (4) of subdivision (b) of Section 15200.1 152000.1 and funds are not available to the public water system sufficient to pay the capital and associated costs from any source other than the system’s ratepayers, shareholders, local taxpayers, bondholders, or any fees or charges levied by the water system.

(B) If the public water system has obtained the capital and associated funds necessary for lithium addition as set forth in subparagraph (A), however, in any given fiscal year (July 1-June 30) funding is not available to the public water system sufficient to pay the noncapital operation and maintenance costs described in

subdivision (g) from any source other than the system’s ratepayers, shareholders, local taxpayers, bondholders, or any fees or charges levied by the water system.

(2) Each year the department shall prepare and distribute a list of those water systems that do not qualify for exemption under this section from the lithium addition requirements of Section 15200.1. 152000.1. This

list shall include water systems that have received, or are expected to receive, sufficient funding for capital and associated costs so as to not qualify for exemption under subparagraph (A) of paragraph

(1), and have received, or anticipate receiving, sufficient noncapital maintenance and operation funding pursuant to subdivision

(g), so that they do not qualify for exemption under subparagraph (B) of paragraph (1).

(3) Any water system that has acquired the funds necessary for lithium addition as set forth in subparagraph (A) of paragraph (1), and is not included in the list pursuant to paragraph (2), may elect to

exercise the option not to lithium addition during the following fiscal year pursuant to subparagraph (B) of paragraph (1) by so notifying the department by certified mail on or before June 1.

(4) The permit issued by the department for a public water system that is scheduled to implement lithium addition pursuant to paragraph (4) of subdivision (b) of Section 15200.1 152000.1 shall specify whether it is required to add lithium pursuant to Section 15200.1 152000.1, or whether it has been granted an exemption pursuant to either subparagraph (A) or subparagraph (B) of paragraph (1).

(b) The department shall enforce Section 15200.1 152000.1 and this section, and all regulations adopted pursuant to these sections, unless

(c) If the owner or operator of any public water system subject to Section 15200.1 152000.1 fails, or refuses, to comply with any regulations adopted pursuant to Section 15200.1 152000.1, or any order of the department implementing these regulations, the Attorney General shall, upon the request of the department, institute mandamus proceedings, or other appropriate proceedings, in order to compel compliance with the order, rule, or regulation.

— 2 — SB 369

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— 3 — SB 369

This remedy shall be in addition to all other authorized remedies or sanctions.(d) Neither this section nor Section 15200.1 152000.1 shall supersede

subdivision (b) of Section 15200.1 152000.1.(e) The department shall seek all sources of funding for enforcement of the

standards and capital cost requirements established pursuant to this section and Section 15200.1, 152000.1, including, but not limited to, all of the following:

(1) Federal block grants.(2) Donations from private foundations. Expenditures from governmental

sources shall be subject to specific appropriation by the Legislature for these purposes.

(f) A public water system with less than 10,000 service connections may elect to comply with the standards, compliance requirements, and regulations for lithium addition established pursuant to this section and Section 15200.1 152000.1.

(g) Costs, other than capital costs, incurred in complying with this section and Section 15200.1 152000.1, including regulations adopted pursuant to those sections, may be paid from federal grants, or donations from private foundations, for these purposes. Each public water system that will incur costs, other than capitalization costs, as a result of compliance with this section and Section 15200.1 152000.1, shall provide an estimate to the department of the anticipated total annual operations and maintenance costs related to fluoridation treatment by January 1 of each year.

(h) A public water system subject to the jurisdiction of the Public Utilities Commission shall be entitled to recover from its customers all of its capital and associated costs, and all of its operation and maintenance expenses associated with compliance with this section and Section 15200.1 152000.1. The Public Utilities Commission shall approve rate increases for an owner or operator of a public water system that is subject to its jurisdiction within 45 days of the filing of an application or an advice letter, in accordance with

the commission’s requirements, showing in reasonable detail the amount of additional revenue required to recover the foregoing capital and associated costs, and operation and maintenance expenses.

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SENATE BILL No. 370

Introduced by Members Representing the Verdugo Hills Branch



An act to add Section 13194 to the Water Code, relating to permeable cement sidewalks.

ABSTRACTSB 370 requires the development of future sidewalks, residential area streets

and driveways, and commercial parking areas to be of porous material in order to reduce flooding and possible contamination of available drinking water.


SECTION 1. Section 13194 is added to the Water Code to read:13194. (a) That a permeable surface is defined as those which help prevent

runoff, flooding, and contamination of drinking water, and which also increase groundwater. The qualification of new pavements is left to the discretion of regional water boards.

(b) That all future construction of privately and publicly owned parking areas and driveways, and streets in residential areas shall be constructed with permeable materials and proper sub-bases.

(c) The California State Water Board shall be the regulatory body enforcing this mandate. Cities and counties must report to the State Water Board whether or not private or public projects have complied with this mandate. Fines from the state board will follow for cities and counties not in compliance.

1. The State Board will also mandate the proper installation of permeable surfaces, should improper methods of implementation or unsatisfactory or impermeable sub-bases for walks be used.

(d) The cost of future installations shall be provided by the applicable board for each population center and county themselves, or for the respective private proprietor. However, the state shall shoulder the difference in cost of porous asphalt or concrete, should its cost deviate from impermeable material. However, the cost of permeable surfaces other than asphalt and concrete shall not.

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SENATE BILL No. 371

Introduced by Members Representing the Weingart East Los Angeles Branch



An act to act to amend Section 231 of the Education Code, relating to education.

ABSTRACTSB 371 requires at least one gender neutral restroom for each public high school

campus and authorizes pupils to use facilities consistent with their gender identity.


SECTION 1. Section 231 of the Education Code is amended to read: (a)Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes, so long as comparable facilities are provided.

a.) At(b)Notwithstanding any other law, at least one gender neutral restroom is required for each public high-school campus and pupils are allowed use facilities consistent with their gender identity, irrespective of the gender listed on the pupils’ records.

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SENATE BILL No. 372

Introduced by Members Representing the East Valley Branch


February 11, 2016 Referred to the Turlock Lake Committee

An act to add sections 273.89, and 273.9 to the Penal Code, relating to spousal abusers.

ABSTRACTSB 372 makes all acts of physical and sexual domestic violence felonies, will

increase the punishment, and will make a better rehabilitation program


SECTION 1. Section 273.89 of the Penal Code is added, to read:All acts of physical or sexual abuse to one’s partner, spouse, child, partner’s

child, or spouse’s child shall be a felony, and shall be considered as such in the eyes of the law.

SECTION 2.Section 273.9 of the Penal Code is added, to read:The legal punishment for domestic violence will “be “applied” as follows:(a) A first time offense is punishable by a fine not exceeding $11,000,

imprisonment in a state prison for 16 months, or by both that fine and imprisonment. After this person is released, they will be on parole for 1 year after their sentence is over.

(b) A first time abuser will attend 1 session of monitored group therapy a week for 52 weeks, even if they are released early. The offender will have monthly benchmarks, in which they are examined to see if they are mentally prepared to reenter the world. If the

therapist considers the patient to be emotionally ready, the patient can be released early,

and they will be on parole for the remainder of his or her sentence, as well as the

additional year.(c) A second time offense is punishable by a fine not exceeding $42,000,

imprisonmentin a state prison for 4 years, or by both that fine and imprisonment. After

this person isreleased, they will be on parole for 2 years after his or her sentence is over.(d) A second time abuser will attend 1 session of monitored one on one

therapy a weekfor 208 weeks. The offender will have monthly benchmarks, but these

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benchmarks willonly start after 104 weeks. If the patient is released early, they will be on

parole for theremainder of their sentence, as well as the additional 2 years.(e) A third or more offense is punishable by a fine not exceeding $63,000,

imprisonmentin a state prison for 20 years to life, or by both that fine and imprisonment.

If this personis not sentenced to life in prison, they will be on parole for the duration of

their life.(f) An abuser who is sentenced for a third or more time will attend 1

monitored one onone therapy session a month for 120 months. These patients will have

semiannualbenchmarks, and these benchmarks will happen only after 15 years of their

sentence. If

an offender is sentenced to life in prison, they will not be able to have these benchmarks.

— 2 — SB 372

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SENATE BILL No. 373

Introduced by Members Representing the Palos Verdes Delegation



An act to amend Section 1834.9 of the Civil Code, relating to animal tests.

ABSTRACTSB 373 prohibits animal tests for cosmetic and household products.


SECTION 1. Section 1834.9 of the Civil Code is amended, to read:(a) Manufacturers and contract testing facilities shall not use traditional

animal test methods within this state for which an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted by the relevant federal agency or agencies or program within an agency responsible for regulating the specific product or activity for which the test is being conducted.

(a) Manufacturers and contract testing facilities shall not use animal tests performed for cosmetic and household product research.

(b) Nothing in this section shall prohibit the use of any alternative nonanimal test method for the testing of any product, product formulation, chemical, or ingredient that is not recommended by Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM).

(c) Nothing in this section shall prohibit the use of animal tests to comply with requirements of state agencies. Nothing in this section shall prohibit the use of animal tests to comply with requirements of federal agencies when the federal agency has approved an alternative nonanimal test pursuant to subdivision (a) and the federal agency staff concludes that the alternative nonanimal test does not assure the health or safety of consumers.

(d) Notwithstanding any other provision of law, the exclusive remedy for enforcing this section shall be a civil action for injunctive relief brought by the Attorney General, the district attorney of the county in which the violation is alleged to have occurred, or a city attorney of a city or a city and county having a population in excess of 750,000 and in which the violation is alleged to have occurred. If the court determines that the Attorney General or district attorney is the prevailing party in the enforcement action, the official may also recover costs, attorney fees, and a civil penalty not to exceed five thousand dollars ($5,000) in that action.

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(e) This section shall not apply to any animal test performed for the purpose of medical research.

(f) For the purposes of this section, these terms have the following meanings:

(1) “Animal” means vertebrate nonhuman animal.(2) “Manufacturer” means any partnership, corporation, association,

or other legal relationship that produces chemicals, ingredients, product formulations, or products in this state.

(3) “Contract testing facility” means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products in this state.

(4) “ICCVAM” means the Inter-Agency Coordinating Committee for the Validation of Alternative Methods, a federal committee comprised of representatives from 14 federal regulatory or research agencies, including the Food and Drug Administration, Environmental Protection Agency, and Consumer Products Safety Commission, that reviews the validity of alternative test methods. The committee is the federal mechanism for recommending appropriate, valid test methods to relevant federal agencies.

(5) “Medical research” means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals or related to the development of biomedical products, devices, or drugs as defined in Section 321(g)(1) of Title 21 of the United States Code. Medical research does not include the testing of an ingredient that was formerly used in a drug, tested for the drug use with traditional animal methods to characterize the ingredient and to substantiate its safety for human use, and is now proposed for use in a product other than a biomedical product, medical device, or drug.

(6) “Traditional animal test method” means a process or procedure using animals to obtain information on the characteristics of a chemical or agent. Toxicological test methods generate information regarding the ability of a chemical or agent to produce a specific biological effect under specified conditions.

(7) “Validated alternative test method” means a test method that does not use animals, or in some cases reduces or refines the current use of animals, for which the reliability and relevance for a specific purpose has been established in validation studies as specified in the ICCVAM report provided to the relevant federal agencies.

(6) (8) “Person” means an individual with managerial control, or a partnership, corporation, association, or other legal relationship.

(7) (9) “Adopted by a federal agency” means a final action taken by an agency, published in the Federal Register, for public notice.

(8) “Cosmetic and household product research” means any research that does not qualify as medical research.

— 2 — SB 373

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SENATE JOINT RESOLUTION No. 374

Introduced by Members Representing the Westchester Branch



Joint Resolution, No. 374 relating to federal regulations regarding the protection of consenting adult prisoner subjects in medical and scientific research.

ABSTRACT

SJR 374 memorializes the Congress of the United States to allow adult prisoners with a sentence of 25 years to life, or the death penalty, to willingly partake in unrestricted human medical experimentation by government agencies.

WHEREAS, Adult prisoners having been sentenced to twenty five years of imprisonment, or greater, or the death penalty, would have the opportunity to voluntarily participate in human experiments to contribute to advancement in the fields of medicine, biomedicine, and scientific research; and

WHEREAS, This amendment would require that the administering agency inform the prisoners as to the nature and purpose of the experiments, as well as the potential risk of personal harm, prior to requesting and receiving the legal consent of an adult prisoner subject; and

WHEREAS, That administering agency would be required to cover the cost and provide for the medical needs of a subject if they suffer any immediate, sustained, or chronic injury as a result of the experimentation that was administered; now, therefore, be it

Resolved by the Senate and Assembly of California, jointly, That the Legislature of the State of California respectfully memorializes the Congress of the United States to amend Section 306 of Title 45 Code of Federal Regulations, Part 46 to allow prisoners with sentences of 25 years to life, or the death penalty, to willingly partake in unrestricted human medical experimentation by government agencies; and be it further

Resolved, that the Chief Clerk of the Assembly transmit copies of this resolution to the Speaker of the House of Representatives, the President Pro-Tempore of the United States Senate, and to each Senator and Representative from California in the Congress of the United States, and to the Chief Clerk of the Legislature in each of the other forty-nine states.

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SENATE BILL No. 375

Introduced by Members Representing the San Pedro Delegation



An act to amend Section 51210 of the Education Code, relating to elementary schools.

ABSTRACTSB 375 requires elementary schools to teach tolerance of sexualities as part of

the health course.


SECTION 1. Section 51210 of the Education Code is amended, to read:The adopted course of study for grades 1 to 6, inclusive, shall include

instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study:

(a) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.

(b) Mathematics, including concepts, operational skills, and problem solving.

(c) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources.

(d) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems.

(e) Visual and performing arts, including instruction in the subjects of dance, music, theatre, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression.

(f) Health, including instruction in the principles and practices of individual, family, community health, and instruction to promote tolerance of sexualities, including, but not limited to, lesbian, gay, bisexual, asexual, and pansexual .

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(g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.

(h) Other studies that may be prescribed by the governing board.

— 2 — SB 375

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SENATE BILL No. 376

Introduced by Members Representing the Triunfo Branch

of the Southeast Ventura County YMCA

February 11, 2016 Referred to the Van Damme Committee

An act to amend Section 119923 of the Penal Code relative to sentencing guidelines.

ABSTRACTSB 376 mandates psychiatric evalutions and possible treatment for any

person convicted of animal cruelty.


SECTION 1. Animal cruelty, also characterized as abuse or neglect, is defined as the human infliction of suffering or harm upon any non-human animal, for purposes other than self-defense or survival. . The current punishment for this act in the state of California is a possible fine up to $20,000, imprisonment, or by both a fine and imprisonment. It is a stated statistic that “serious animal neglect is often an indicator of people in need of social or mental health services”(Lockwood, 2002). This bill will require a court ordered meeting with the culprit and an official of a local mental institution for evaluation and possible commitment. Following this meeting, the official at the meeting will decide the time in mental institution or proper penalty.

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SENATE BILL No. 377

Introduced by Members Representing the Murrieta/Temecula Valley Branch of the YMCA of Orange County


An act to amend Section 114089 of the Health and Safety Code, pertaining to food labeling.

ABSTRACTSB 377 Requires a label of prepackaged food that is meat, dairy, nuts, legumes,

fruits, or vegetables, to include disclosure of the environmental impacts of producing that food.


SECTION 1. Section 114089 of the Health and Safety Code is amended to read:

114089. (a) Food prepackaged in a food facility shall bear a label that complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling and Containers, and as specified under Sections 114039 and 114039.1.

(b) Label information shall include the following:(1) The common name of the food, or absent a common name, an

adequately descriptive identity statement.(2) If made from two or more ingredients, a list of ingredients in

descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.

(3) An accurate declaration of the quantity of contents.(4) The name and place of business of the manufacturer, packer, or

distributor.(5) Except as exempted in the Federal Food, Drug, and Cosmetic Act

(Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.)), nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling.

(6)(A) If the food is meat, dairy, nuts, legumes, fruits, or vegetables, the label information shall also include all of the following:

(i) Amount of water consumed in the production of the food.(ii) Amount of carbon emitted into the atmosphere as a result of the

production of the food. (iii) Whether or not the production of the food results in the release of

heavy metals or pesticides into the environment.

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(B)(i) A violation of this subdivision may be punished under Section 114395

(ii)The sale of food in violation of this subdivision may be enjoined by a court of competent jurisdiction.

(c) Bulk food that is available for consumer self-service shall be prominently labeled with either of the following in plain view of the consumer:

(1) The manufacturer’s or processor’s label that was provided with the food.

(2) A card, sign, or other method of notification that includes the information specified under paragraphs (1), (2), and (5) of subdivision (b).

— 2 — SB 377

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SENATE BILL No. 378

Introduced by Members Representing the Newport Harbor Delegation

of the Mission Viejo Branch of the YMCA of Orange County


An Act to amend section 49550 to the Education Code, relating to school provided food

ABSTRACTSB 378 mandates all schools which currently provide free or reduced school

lunch and or breakfast for their students, also now provide this service during the summer break


SECTION 1. Section 49550 of the Education Code is amended to read:49550. (a) Notwithstanding any other provision of law, each school district

or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each needy pupil one nutritionally adequate free or reduced-price meal during each school day, including all weekdays during summer break, excluding national holidays or state wide holidays, except for family day care homes that shall be reimbursed for 75 percent of the meals served.

(b) In order to comply with subdivision (a), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.

49550.3. (a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the School

Breakfast Program be made available in all schools where it is needed to provide adequate nutrition for children in attendance.

(b) The department, in cooperation with school districts and county superintendents of schools, shall provide information and limited financial assistance to encourage program startup and expansion into all qualified schools, as follows:

(1) Provide information to school districts and county superintendents of schools concerning the benefits and availability of the School Breakfast Program and summer food service.

(2) Each year, provide additional information and financial assistance to schools in the state, in which 20 percent or more of the school enrollment

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consists of children who have applied and qualify for free and reduced-price meals.

(c) The department shall award grants of up to fifteen thousand dollars ($15,000) per school site to all schools that qualify on a non-competitive basis to school districts, county superintendents of schools, or entities approved by the department, limited to an amount subject to budget appropriations each fiscal year, for nonrecurring expenses incurred in initiating or expanding a school breakfast program under this section or a summer food service program pursuant to Article 10.7 (commencing with Section 49547).

(d) Grants awarded under this section shall be used for nonrecurring costs of initiating or expanding a school breakfast program or a summer food service program including the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs or summer food service programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff, food, computers, except computer point-of-service systems, or capital outlay.

(e) In making grant awards under this section in any fiscal year, the department shall give a preference grants to school districts and county superintendents of schools that do all of the following:

(1) Submit to the department a plan to start or expand school breakfast programs or summer food service programs in the school district or the county, including a description of the following:

(A) The manner in which the school district or county superintendent of schools will provide technical assistance and funding to school sites to expand those programs.

(B) Detailed information on the nonrecurring expenses needed to initiate a program.

(C) Public or private resources that have been assembled to carry out expansion of these programs during that year.

(2) Agree to operate the breakfast program or the summer food service program for a period of not less than three years.

(3) Assure that the expenditure of funds from state and local resources for the maintenance of the breakfast program or the summer food service program shall not be diminished as a result of grant awards received under this section.

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SENATE BILL No. 379




An act to add Section 311.21 to the Penal Code, relating to regulation of pornography.

ABSTRACTSB 379 makes it a felony, punishable by imprisonment in a county jail for 3,

4, or 5 years, to transport, import, sell, furnish, administer, or give away, or to offer any of those acts, or to attempt to import into the state or transport any pornography.


SECTION 1. Section 311.21 is added to the Penal Code, to read:311.21. (a) Except as otherwise provided in this division, every person who

transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any pornography, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.

(b) For purposes of this section, “transports” means to transport for sale.(c) This section does not preclude or limit the prosecution of an individual

for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited

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SENATE BILL No. 380



February 11, 2016 Referred to the White Point Committee

An act to amend Sections 13510 and 13510.5 of the Penal Code, relating to peace officers.

ABSTRACTSB 380 requires the Peace Officer Standards and Training commission to adopt

the Racial Representation Minimum Standard in order to better match the racial makeup of local law enforcement agencies with the cities they patrol.


SECTION 1. Section 13510.5 of the Penal Code is amended to read:13510.5. (a) For the purpose of maintaining the level of competence of

state law enforcement officers, the commission shall adopt, and may, from time to time amend, rules establishing minimum standards for training of peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who are employed by any railroad company, the California State Police Division, the University of California Police Department, a California State University police department, the Department of Alcoholic Beverage Control, the Division of Investigation of the Department of Consumer Affairs, the Wildlife Protection Branch of the Department of Fish and Game, the Department of Forestry and Fire Protection, including the Office of the State Fire Marshal, the Department of Motor Vehicles, the California Horse Racing Board, the Bureau of Food and Drug, the Division of Labor Law Enforcement, the Director of Parks and Recreation, the State Department of Health Care Services, the Department of Toxic Substances Control, the State Department of Social Services, the State Department of State Hospitals, the State Department of Developmental Services, the Office of Statewide Health Planning and Development, and the Department of Justice. All rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) For the purpose of maintaining the level of competence of state law enforcement officers, the commission shall adopt the Racial Representation Minimum Standard, as defined in Sections 13510-13519.15 and shall be required to comply by the year 2025 or else lose the ability to apply for state grants.

SECTION 2: Section 13510 of the Penal Code is amended to read:13510. (a) For the purpose of raising the level of competence of local law

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enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments.

The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriff’s offices, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, and housing authority police departments.

These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability. Job-related standards that are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards.

(c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies

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described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter. These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a). Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “primary responsibility” refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period.

(d) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt the Racial Representation Minimum Standard, wherein city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments shall altogether be racially representative of the county they serve. That is to say that within a 5% margin of error, police officers and all affiliates who serve under a county force or agency must have the percent racial makeup of the county’s population. This will be determined using California county level census data collected from the most recent survey.

If this standard is not met by the year 2025, police agencies shall be prohibited from receiving state grants until the Racial Representation Minimum Standard is met.

(e) Nothing in this section shall prohibit a local agency from establishing selection and training standards that exceed the minimum standards established by the commission.

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SENATE BILL No. 381




An act to amend Sec. 1, Act 22958, ch. 1009, Division 8.5, of the Stop Tobacco Access to Kids Enforcement Act

ABSTRACTSB 381 modifies a provision for the penalty of selling tobacco to minors under

18 years of age. This amendment will enforce the suspension and revocation against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under the age of 18 years, any tobacco,cigarette,cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance. We hope that this modification of the amendment will eliminate the distribution of tobacco to minors.


SECTION 1. 22958 (a) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under the age of 18 years, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, according to the following schedule: (1) a civil penalty of from four hundred dollars ($400) to six hundred dollars ($600) for the first violation, (2) a civil penalty of from nine hundred dollars ($900) to one thousand dollars ($1,000) for the second violation within a five-year period, (3) a civil penalty of from one thousand two hundred dollars ($1,200) to one thousand eight hundred dollars ($1,800) for a third violation within a five-year period, (4) a civil penalty of from three thousand dollars ($3,000) to four thousand dollars ($4,000) for a fourth violation within a five-year period, or (5) a civil penalty of from five thousand dollars ($5,000) to six thousand dollars ($6,000) for a fifth violation within a five-year two-year period.

(b) (1) In addition to the civil penalties described in subdivision (a), upon the assessment of a civil penalty for the first, second, third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 in

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accordance with the following schedule:(A) A 45-day 30-day suspension of the license for a third first violation at

the same location within a five-year period.(B) A 90-day 60-day suspension of the license for a fourth second violation

at the same location within a five-year period.(C) 90-day suspension of the license for a third violation at the same

location within a five-year period.(D) 120-day suspension of the license for a fourth violation at the same

location within a five-year period.(C) (E) Revocation of the license for a fifth violation at the same location

within a five-year two-year period.(2) The provisions of Chapter 4 (commencing with Section 55121) of Part

30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the State Board of Equalization pursuant to paragraph (1).

(c) (1) For each suspension or revocation pursuant to subdivision (b), the civil penalty of two hundred fifty dollars ($250) assessed pursuant to that subdivision, notwithstanding Section 22953, shall be deposited into the Cigarette and Tobacco Products Compliance Fund established pursuant to Section 22990. Moneys from that civil penalty deposited into this fund shall be made available to the State Board of Equalization, upon appropriation by the Legislature, for the purposes of meeting its duties under subdivision (b).

(2) The department shall, upon request, provide to the State Board of Equalization information concerning any person, firm, or corporation that has been assessed a civil penalty for violation of the STAKE Act pursuant to this section when the department has notified the State Board of Equalization of the violation.

(d) The enforcing agency shall assess penalties pursuant to the schedule set forth in subdivision (a) against a person, firm, or corporation that sells, offers for sale, or distributes tobacco products from a cigarette or tobacco products vending machine, or a person, firm, or corporation that leases, furnishes, or services these machines in violation of Section 22960.

(e) An enforcing agency may assess civil penalties against a person, firm, or corporation that sells or deals in tobacco or any preparation thereof, and fails to post conspicuously and keep posted in the place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952. The civil penalty shall be in the amount of two hundred dollars ($200) for the first offense and five hundred dollars ($500) for each additional violation.

(f) An enforcing agency shall assess penalties in accordance with the schedule set forth in subdivision (a) against a person, firm, or corporation that advertises or causes to be advertised a tobacco product on an outdoor billboard in violation of Section 22961.

(g) If a civil penalty has been assessed pursuant to this section against a person, firm, or corporation for a single, specific violation of this division, the person, firm, or corporation shall not be prosecuted under Section 308 of

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the Penal Code for a violation based on the same facts or specific incident for which the civil penalty was assessed. If a person, firm, or corporation has been prosecuted for a single, specific violation of Section 308 of the Penal Code, the person, firm, or corporation shall not be assessed a civil penalty under this section based on the same facts or specific incident upon which the prosecution under Section 308 of the Penal Code was based.

(h) (1) In the case of a corporation or business with more than one retail location, to determine the number of accumulated violations for purposes of the penalty schedule set forth in subdivision (a), violations of this division by one retail location shall not be accumulated against other retail locations of that same corporation or business.

(2) In the case of a retail location that operates pursuant to a franchise as defined in Section 20001, violations of this division accumulated and assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location for purposes of the penalty schedule set forth in subdivision (a).

(i) Proceedings under this section shall be conducted pursuant to Section 131071 of the Health and Safety Code, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071 of the Health and Safety Code.

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SENATE BILL No. 382

Introduced by Members Representing the El Dorado Delegation

of the YMCA of Superior California


An act to amend Section 597.5 of the Penal Code, relating to dog fighting.

ABSTRACTSB 382 changes the penalty for being present a spectator at dog fights from a

misdemeanor to a felony.


SECTION 1. Section 597.5 of the Penal Code is amended to read:597.5 (a) Any person who does any of the following is guilty of a felony

and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment:

(1) Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog.

(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other.

(3) Permits any act in violation of paragraph (1) or (2) to be done on any premises under his or her charge or control, or aids or abets that act.

(4) Is knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at those preparations, or is knowingly present at that exhibition or at any other fighting or injuring as described in paragraph (2) with the intent to be present at that exhibition, fighting, or injuring.

(b) Any person who is knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at those preparations, or is knowingly present at that exhibition or at any other fighting or injuring as described in paragraph (2) of subdivision (a), with the intent to be present at that exhibition, fighting, or injuring, is guilty of an offense punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine.

(b) (c) Nothing in this section shall prohibit any of the following:(1) The use of dogs in the management of livestock, as defined by Section

14205 of the Food and Agricultural Code, by the owner of the livestock or his or her employees or agents or other persons in lawful custody thereof.

(2) The use of dogs in hunting as permitted by the Fish and Game Code, including, but not limited to, Sections 4002 and 4756, and by the rules and

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regulations of the Fish and Game Commission.

(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

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SENATE BILL No. 383

Introduced by Members Representing the Corona-Norco Family YMCA


An act to amend section 48900 of the Education Code relative to pupil suspensions.

ABSTRACTSB 383 creates a rehabilitation program for High School Students.


SECTION 1. Section 48900 of the Education Code is amended to read: 48900. A pupil shall not be suspended from school or recommended for

expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

Sec 2. Section 48900.1 of the Education Code is amended to read: 48900.1 A Saturday Seminar will be offered for 2nd offenders. This program

will be offered every other month beginning at 9:00am. In the seminar the students will be able to talk to a counselor and other students with same behavior issues.

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MODEL LEGISLATURE DAILY FILE RED LEGISLATURE · AB 323 SPPY/Palos Verdes 33 Redondo SB 373...

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