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

SECTION 1.
Section 49414 of the Education Code is amended to read:
49414.
(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance.
(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise.
(2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.
(3) “Epinephrine auto-injector” means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis.
(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse.
(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d).
(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.
(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon.
(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others.
(2) Training established pursuant to this subdivision shall include all of the following:
(A) Techniques for recognizing symptoms of anaphylaxis.
(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors.
(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician.
(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.
(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination.
(F) Written materials covering the information required under this subdivision.
(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department.
(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2).
(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information:
(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b).
(2) A description of the training that the volunteer will receive pursuant to subdivision (d).
(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used.
(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).
(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers.
(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.
(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date.
(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e).
(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file.
(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) It is the policy of the state to promote open access to public records. It is in the interest of the public to ensure, to the greatest extent possible, that there is open public access to court records, including civil case records.
(b) It is the policy of the state that access to public records be limited or restricted only under compelling circumstances.
(c) With the enactment of Chapter 1007 of the Statutes of 1991, the Legislature began restricting public access to civil case records in unlawful detainer proceedings. Under current law, with limited exceptions, civil case records in unlawful detainer proceedings are unavailable to the public for a period of 60 days after filing. Civil case records in unlawful detainer proceedings in which the defendant prevails within 60 days of filing are permanently unavailable to the public.
(d) The state has a housing crisis that requires revising the current restrictions on public access to civil case records in unlawful detainer proceedings. More than four decades have passed since the California Supreme Court first observed, in Green v. Superior Court (1974) 10 Cal.3d 616, 625, “a scarcity of adequate low cost housing in virtually every urban setting [in California].” Yet the shortage of affordable housing for low-income tenants has only grown. Median monthly rents in the state are now approximately 50 percent higher than the national average, but high prices have failed to spur sufficient housing construction to meet demand. As a result, households in the state in the bottom quarter of the income distribution spend an average of 67 percent of their income on housing. The recent economic and foreclosure crises have only exacerbated the challenges that low-income households face in securing affordable housing.
(e) The difficulty of securing affordable housing in competitive rental markets is also worsened by the existing law governing access to civil case records in unlawful detainer proceedings. Specifically, once unlawful detainer civil case records become public, tenant screening companies and credit reporting agencies capture and publish personal identifying information regarding tenants named as defendants in those records. This information appears in published lists, known as unlawful detainer registries, and on tenants’ credit reports. So long as it is accurate, the fact that a tenant was once sued for unlawful detainer is publicly available for up to seven years and cannot be challenged under federal or state laws governing consumer credit reporting.
(f) The names of thousands of innocent tenants whose cases are resolved only after the 60-day deadline appear on unlawful detainer registries. Many of these tenants successfully settle, secure a dismissal, or win at trial, and would have escaped negative credit reporting if only they had prevailed before the deadline. In other instances, unlawful detainer complaints are filed against tenants but never served. Because these complaints are never dismissed, the tenant’s name is publicly released after 60 days and negative credit reporting ensues. Because landlords, who are attempting to decide between numerous applicants for scarce rental housing, rely on unlawful detainer registries and on credit reports, landlords often choose not to rent to tenants who appear on these registries, even if the tenants were eventually found innocent of unlawful detainer. As a result, given the statewide housing shortage, these tenants may be shut out of rental markets for up to seven years through no fault of their own.
(g) This act strikes a just balance between ensuring open access to public records and protecting the credit and reputation of innocent tenants. This act also ensures that landlords will have access to timely and more accurate information regarding prospective tenants. This act is a response to the state’s ongoing affordable housing crisis and is necessary to prevent tenants from being inadvertently denied an opportunity to secure housing simply as a result of being named in an unlawful detainer lawsuit.
SEC. 2.
It is the intent of the Legislature to amend existing statutes regarding open access to public records by making permanently unavailable to the public civil case records in unlawful detainer proceedings in which the plaintiff does not prevail within 60 days of filing instead of unlawful detainer proceedings in which the defendant prevails within 60 days of filing.
SEC. 3.
Section 1161.2 of the Code of Civil Procedure is amended to read:
1161.2.
(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:
(A) To a party to the action, including a party’s attorney.
(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.
(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency.
(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause.
(E) To any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff.
(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside.
(G) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial.
(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate.
(b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following:
(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.
(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.
(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).
(c) Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that he or she lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information:
(1) The name and telephone number of the county bar association.
(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code.
(3) The following statement:

“The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s Internet Web site at www.calbar.ca.gov or call 1-866-442-2529.”

(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint.
(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter.
(e) This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.
(f) This section does not alter any provision of the Evidence Code.
SEC. 4.
Section 1167.1 is added to the Code of Civil Procedure, to read:
1167.1.
If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.


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

SECTION 1.
Section 1502.8 is added to the Health and Safety Code, to read:
1502.8.
The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
SEC. 2.
Section 16001.9 of the Welfare and Institutions Code is amended to read:
16001.9.
(a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health services.
(5) To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited by court order.
(8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her choice.
(11) To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level, consistent with state law.
(15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To the confidentiality of all juvenile court records consistent with existing law.
(23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(24) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).
SEC. 3.
Section 16006 is added to the Welfare and Institutions Code, to read:
16006.
Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
Section 67381 of the Education Code is amended to read:
67381.
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.
(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.
(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.
(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.
(i) As used in this section, the following terms have the following meanings:
(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code.
(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.
(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code.
(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.
(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.
SEC. 2.
Section 67381.1 is added to the Education Code, to read:
67381.1.
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.
(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies.
(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.
(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.
(i) As used in this section, the following terms have the following meanings:
(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.
(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.
(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
Section 70615 of the Government Code is amended to read:
70615.
The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25):
(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation.
(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database.
SEC. 2.
Section 186.34 of the Penal Code is amended to read:
186.34.
(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.”
(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.
(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations.
(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations.
(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information:
(A) The number of persons included in the database on the day of reporting.
(B) The number of persons added to the database during the immediately preceding 12 months.
(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months.
(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months.
(E) The number of persons automatically removed from the database during the immediately preceding 12 months.
(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site.
(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor.
(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database.
(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing.
(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f).
(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request.
(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35.
(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.
SEC. 3.
Section 186.35 is added to the Penal Code, to read:
186.35.
(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
Section 2356.5 of the Probate Code is amended to read:
2356.5.
(a) The Legislature hereby finds and declares:
(1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs.
(2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia.
(3) That, by adding powers to the probate conservatorship for conservatees with MNCDs, their unique and special needs can be met, and the basic dignity and rights of the conservatee can be safeguarded.
(4) Psychotropic medications can be misused for people with MNCDs to control behavior that conveys pain, distress, or discomfort and the administration of psychotropic medications has been and can be abused by those who prescribe and administer these medications.
(5) Since 2005, the federal Food and Drug Administration has required the packaging of all antipsychotic medications, which fall under a class of psychotropic medication, to contain a black box warning label that the medication significantly increases the risk of death for elderly people with MNCDs.
(6) Therefore, granting powers to a conservator to authorize these medications for the treatment of a person with an MNCD requires the additional protections specified in this section.
(b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.”
(c) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following:
(1) The conservatee has an MNCD.
(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.
(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f).
(4) The proposed placement in a secured perimeter residential care facility for the elderly is the least restrictive placement appropriate to the needs of the conservatee.
(5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan.
(d) Notwithstanding any other law, a conservator of a person may authorize the administration of psychotropic medications to a conservatee with an MNCD only upon a court’s finding, by clear and convincing evidence, of all of the following:
(1) The conservatee has an MNCD.
(2) The conservatee lacks the capacity to give informed consent to the administration of psychotropic medications for his or her treatment and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.
(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f).
(e) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (d) shall be by an accredited practitioner of that religion in lieu of the administration of medications.
(f) A petition for authority to act under this section is governed by Section 2357, except:
(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470.
(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893.
(3) The petition requesting authority under subdivision (c) shall be supported by a declaration of a physician, or a psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested. The psychologist shall have at least two years of experience in diagnosing MNCDs.
(4) The petition requesting authority under subdivision (d) shall be supported by a declaration of a physician regarding each of the findings required to be made under this section for any power requested. The supporting declaration for a petition requesting authority under subdivision (d) shall also include all of the following:
(A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior.
(B) The recommended course of medication.
(C) A description of the pharmacological and nonpharmacological treatments and medications that have been previously used or proposed, the less invasive treatments or medications used or proposed, and why these treatments or medications have not been or would not be effective in treating the conservatee’s symptoms.
(D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms.
(E) A description of the potential side effects of the recommended medication, including any black box warnings issued by the federal Food and Drug Administration as defined in Section 201.57(c)(1) of Title 21 of the Code of Federal Regulations.
(F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications.
(5) On or before July 1, 2017, the Judicial Council shall adopt rules of court and develop appropriate forms for the implementation of this section, and shall provide guidance to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(6) The petition may be filed by any of the persons designated in Section 1891.
(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following:
(1) File a petition with the court regarding the status of the conservatee.
(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate.
(h) If authority to administer psychotropic medications is granted pursuant to subdivision (d), the conservator may change or adjust psychotropic medications without further notice to, or approval from, the court, provided that the change or adjustment is consistent with the authority granted by the courons” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents.
(o) This section shall not apply to a conservatee who is prescribed a psychotropic or antipsychotic medication by a physician in an acute care hospital setting or for purposes of diagnosis or therapeutic treatment not directly related to the MNCD, including, but not limited to, sedation prior to an invasive procedure or nausea prevention or relief. In those circumstances, the informed consent of the conservator may be obtained pursuant to the authority granted under Section 2355.


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

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, the department 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 of age 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 with the question required by paragraph (1):

“Marking ‘Yes’ adds your name to the Donate Life California Organ and Tissue Donor Registry and a pink ‘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 ‘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 pursuant to Section 7150.90 of the Health and Safety Code, 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 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:

“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
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.
SEC. 2.
Section 14901.1 of the Vehicle Code is repealed.
14901.1.
In addition to the fees required by Section 14900, 14900.1, or 14902, the department shall charge a one-time fee of five dollars ($5) to any person who requests, pursuant to paragraph (5) of subdivision (c) of Section 12811, that the person’s driver’s license or identification card be printed with the word “VETERAN” to indicate that the person has served in the United States Armed Forces. The department may increase the fee by regulation, in an amount not to exceed fifteen dollars ($15), to reimburse the department for its reasonable costs in processing and issuing a request for a license or card issued pursuant to paragraph (5) of subdivision (c) of Section 12811.


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

SECTION 1.
Section 10820 of the Corporations Code is amended to read:
10820.
(a) “Health care service plan,” as used in this section means a corporation that is a health care service plan defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), other than a corporation that is exempted from that act by subdivision (c) of Section 1343 of the Health and Safety Code.
(b) A health care service plan may be formed under or subject to Part 2 (commencing with Section 5110) of this division or Part 3 (commencing with Section 7110) of this division.
SEC. 2.
Section 1343 of the Health and Safety Code is amended to read:
1343.
(a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of Section 1345.
(b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter.
(c) Upon the request of the Director of Health Care Services, the director may exempt from this chapter any mental health plan contractor or any capitated rate contract under Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate.
(d) This chapter shall not apply to:
(1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this chapter shall apply to the insurer’s plan and to the insurer.
(2) A plan directly operated by a bona fide public or private institution of higher learning which directly provides health care services only to its students, faculty, staff, administration, and their respective dependents.
(3) A person who does all of the following:
(A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person 60 years of age or older.
(B) Has obtained a written license pursuant to Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569).
(C) Has obtained a certificate of authority from the State Department of Social Services.
(4) The Major Risk Medical Insurance Board when engaging in activities under Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code.
(5) The California Small Group Reinsurance Fund.
SEC. 3.
Section 101750.5 of the Health and Safety Code is amended to read:
101750.5.
For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code.
SEC. 4.
Section 14087.95 of the Welfare and Institutions Code is repealed.
SEC. 5.
Section 14087.95 is added to the Welfare and Institutions Code, to read:
14087.95.
A
(a) Subject to subdivision (b), a
county contracting with the department pursuant to this article shall be deemed to be a health care service plan, as defined in Section 1345 of the Health and Safety Code, and shall be subject to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for the purpose of carrying out those contracts, unless the act expressly provides otherwise.
(b) (1) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a), shall be subject to this section on and after January 1, 2016.
(2) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, for any product not described in subdivision (a) that is subject to the act, shall be subject to this section on and after January 1, 2017.
(3)
A county organized health system under subdivision (a) that does not hold a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a) or any other product that is subject to the act, shall be subject to this section on and after July 1, 2017.
SEC. 6.
Section 14499.5 of the Welfare and Institutions Code is amended to read:
14499.5.
(a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County.
(2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years.
(b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components:
(1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination.
(2) Physician case management.
(3) Cost containment through provider incentives and other means.
(c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs:
(1) Relevant prior fee-for-service Medi-Cal experience in the program county.
(2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties.
(3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2).
The projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor.
(d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care Services and the Department of General Services shall execute the contract within 60 days.
(e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program.
(f) Dental services may be included within the services provided in this pilot program.
(g) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted.
(h) (1) (A) The department may negotiate exclusive contracts and rates with the Santa Barbara Regional Health Authority in the implementation of this section.
(B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.
(C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator.
(2) The department shall implement this subdivision to the extent that the following apply:
(A) Its implementation does not revise the status of the pilot program as a federal demonstration project.
(B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program.
(3) The implementation of this subdivision shall not affect the pilot program’s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department.
SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.
(b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology.
(c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled “Attaining Equal Opportunity for Girls in California’s Secondary Schools: How our Schools are Complying with Title IX.” During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education.
(d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following:
(1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district’s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator.
(2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX.
(3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX.
(e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions.
(f) The ACLU report found that only 4 percent of school districts surveyed included “parenting” status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary.
(g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils.
SEC. 2.
Section 221.61 is added to the Education Code, immediately following Section 221.6, to read:
221.61.
(a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:
(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address.
(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.
(3) A description of how to file a complaint under Title IX, which shall include all of the following:
(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.
(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site.
(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.
(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.
(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.
(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
Section 21455.5 of the Vehicle Code is amended to read:
21455.5.
(a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements:
(1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014.
(2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7.
(b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program.
(c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following:
(1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014.
(2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following:
(A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety.
(B) Ensuring that the equipment is regularly inspected.
(C) Certifying that the equipment is properly installed and calibrated, and is operating properly.
(D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a).
(E) Overseeing the establishment, change, and timing of signal phases.
(F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators.
(d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system.
(e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.
(f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article.
(2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose.
(3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information.
(g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation.
(h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section.
(2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004.
(3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction.
(i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier:
(1) The number of alleged violations captured by the systems they operate.
(2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system.
(3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left.
(4) The number and percentage of citations that are dismissed by the court.
(5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system.
(j)  If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013.
(k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system.
(2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a
statistically significant
reduction in the number of traffic accidents
when the primary collision factor was a violation of subdivision (a) or (c) of Section 21453
at that intersection.
The traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods.
The traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems.
All raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017.
(3) If the traffic safety study
shows
does not definitively show
that the use of an automated traffic enforcement system
did not reduce
reduced
the number of traffic accidents
caused by red-light running
that occurred at an intersection
equipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions
, the governmental agency shall terminate the use of the system at that intersection no later than January 1,
2018.
2018, and no violation captured by the system after that date shall be used for prosecution.
(4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution.


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

SECTION 1.
Section 3750 of the Business and Professions Code is amended to read:
3750.
The board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes:
(a) Advertising in violation of Section 651 or Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Employing an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer knew or should have known the person was not licensed.
(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction.
(e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter.
(f) Negligence in his or her practice as a respiratory care practitioner.
(g) Conviction of a violation of this chapter or of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate this chapter or Division 2 (commencing with Section 500).
(h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter.
(i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care.
(j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.
(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record.
(l) Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm.
(m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state.
(n) (1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
(2) The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases.
(o) Incompetence in his or her practice as a respiratory care practitioner.
(p) A pattern of substandard care or negligence in his or her practice as a respiratory care practitioner, or in any capacity as a health care worker, consultant, supervisor, manager or health facility owner, or as a party responsible for the care of another.
(q) Providing false statements or information on any form provided by B5D9">
3755.
(a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following:
(1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.
(2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.
(3) Any act of abuse towards a patient.
(4) A violation of any provision of Section 3750.
(b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner.
(c) Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.