BILL NUMBER: AB 1757 CHAPTERED 08/11/03 CHAPTER 229 FILED WITH SECRETARY OF STATE AUGUST 11, 2003 APPROVED BY GOVERNOR AUGUST 9, 2003 PASSED THE ASSEMBLY JULY 29, 2003 PASSED THE SENATE JULY 27, 2003 AMENDED IN SENATE JULY 27, 2003 AMENDED IN SENATE JULY 27, 2003 AMENDED IN SENATE JUNE 25, 2003 INTRODUCED BY Committee on Budget (Oropeza (Chair), Bermudez, Chan, Chu, Diaz, Dutra, Dymally, Goldberg, Hancock, Jackson, Liu, Montanez, Nakano, Pavley, Reyes, Simitian, and Wolk) MARCH 11, 2003 An act to amend Sections 14030.2, 14037.6, and 14060.6 of the Corporations Code, to amend Sections 12800, 14669.21, 63021, and 63024 of, to add Part 4.7 (commencing with Section 13995) of Division 3 of Title 2 to, to add Part 10.2 (commencing with Section 15710) to Division 3 of Title 2 of, to repeal Section 13997.1 of, and to repeal Part 6.7 (commencing with Section 15310) of Division 3 of Title 2 of, the Government Code, to add Part 14 (commencing with Section 37980) to Division 24 of the Health and Safety Code, and to amend Sections 273.82, 999c, 999j, 999k, 999n, 999p, 999r, 999s, 999v, 999x, 999y, 1174.2, 1191.21, 6241, 11160, 11161.2, 11166.9, 11171, 11501, 11502, 11504, 13100.1, 13800, 13812, 13823, 13823.12, 13823.13, 13823.15, 13823.16, 13823.2, 13823.4, 13823.5, 13823.9, 13823.93, 13825, 13826.1, 13826.15, 13826.62, 13826.7, 13830, 13832, 13833, 13835.2, 13835.6, 13835.7, 13836, 13836.1, 13837, 13843, 13844, 13846, 13847, 13847.2, 13848.2, 13848.4, 13848.6, 13851, 13854, 13861, 13864, 13876, 13879, 13879.5, 13881, 13897.2, 13897.3, 13901, 14111, 14112, 14117, 14118, 14119, 14120, 14121, 14140, and 14172 of, to amend and renumber Section 13825.10 of, to repeal Sections 13821 and 13822 of, and to repeal and add Section 13820 of, the Penal Code, relating to state agencies. LEGISLATIVE COUNSEL'S DIGEST AB 1757, Committee on Budget. State agencies. (1) Existing law establishes the Technology, Trade, and Commerce Agency and prescribes the duties of the Secretary of Technology, Trade, and Commerce. This bill would abolish the Technology, Trade, and Commerce Agency, and would transfer specified duties of that agency to other state agencies as follows: (a) The Business, Transportation and Housing Agency would assume the duties under the Small Business Loan Guarantee Loan Program, the California Tourism Marketing Act, the Manufacturing Technology Program, and the Infrastructure and Economic Development Bank. The Secretary of Business, Transportation and Housing also would be authorized to accept private donations for the purposes of promoting international trade and investment for deposit into the Economic Development and Trade Promotion Account in the Special Deposit Fund and would be charged with contracting for the establishment of an international trade and investment office in Yerevan, in the Republic of Armenia. (b) The Department of Housing and Community Development would assume the duties under the California Defense Retention and Conversion Act of 1999. (c) The State Water Resources Control Board would be authorized to expend specified interest earnings that are necessary to support the administrative costs associated with the collection of outstanding loan amounts made to persons to upgrade, replace, or remove petroleum underground storage tanks. The repayment of outstanding loans as of January 1, 2004, would be due and payable to the State Water Resources Control Board. (2) Existing law establishes the Office of Criminal Justice Planning, vests the office with specified powers and authority, and imposes upon the office various obligations and duties. This bill would abolish the Office of Criminal Justice Planning, and instead provide that the powers, authority, duties and obligations of that office would be transferred to and assumed by an agency or agencies designated by the Director of Finance, as specified. This bill would make other conforming changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14030.2 of the Corporations Code is amended to read: 14030.2. (a) The director may establish accounts within the expansion fund for loan guarantees and surety bond guarantees, including loan loss reserves. Each account is a legally separate account, and shall not be used to satisfy loan or surety bond guarantees or other obligations of another corporation. The director shall recommend whether the expansion fund and corporate fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the director's decision may be repealed or modified by a board resolution. (b) Annually, not later than January 1 of each year commencing January 1, 1996, the director shall prepare a report regarding the loss experience for the expansion fund for loan guarantees and surety bond guarantees for the preceding fiscal year. At a minimum, the report shall also include data regarding numbers of surety bond and loan guarantees awarded through the expansion fund, including ethnicity and gender data of participating contractors and other entities, and experience of surety insurer participants in the bond guarantee program. The director shall submit that report to the Secretary of Business, Transportation and Housing for transmission to the Governor and the Legislature. SEC. 1.1. Section 14037.6 of the Corporations Code is amended to read: 14037.6. (a) (1) The Director of Finance, with the approval of the Governor, may transfer moneys in the Special Fund for Economic Uncertainties to the California Small Business Expansion Fund for use by the Office of Small Business in the Business, Transportation and Housing Agency, in an amount necessary to make loan guarantees pursuant to this chapter. However, no more than five million dollars ($5,000,000) may be transferred pursuant to this section in connection with any single declared disaster. (2) The Director of Finance, or his or her designee, within 30 days of any transfer made pursuant to this section, shall provide notice of the amount of the transfer to the Chair of the Joint Legislative Budget Committee and the chair of the committee in each house that considers appropriations. (b) The Governor should utilize this authority to prevent business insolvencies and loss of employment in an area affected by a state of emergency within the state and declared a disaster by the President of the United States or by the Administrator of the United States Small Business Administration, or by the United States Secretary of Agriculture or declared to be in a state of emergency by the Governor of California. (c) This section shall remain in effect until January 1, 2007, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2007, deletes or extends that date. SEC. 1.2. Section 14060.6 of the Corporations Code is amended to read: 14060.6. (a) The Legislature finds and declares that the Small Business Loan Guarantee Program has enabled participating small businesses that do not qualify for conventional business loans or Small Business Administration loans to secure funds to expand their businesses. These small businesses would not have been able to expand their businesses in the absence of the program. The program has also provided valuable technical assistance to small businesses to ensure growth and stability. The study commissioned by Section 14069.6, as added by Chapter 919 of the Statutes of 1997, documented the return on investment of the program and the need for its services. The value of the program has also been recognized by the Governor through proposals contained in the May Revision to the Budget Act of 2000 for the 2000-01 fiscal year. (b) Notwithstanding Section 14060.5, the Business, Transportation and Housing Agency shall establish new small business financial development corporations pursuant to the procedures otherwise established by this chapter in the following areas: (1) San Jose. (2) Santa Ana. (3) San Fernando Valley. (4) Ontario. (c) Upon an appropriation in the annual Budget Act for this purpose, the Secretary of Business, Transportation and Housing shall establish a small business financial development corporation in southeast Los Angeles. (d) Each of the small business financial development corporations, upon the recommendation of the board and at least once each year, shall make a presentation and overview of the corporation's business operations to the board. SEC. 1.3. Section 12800 of the Government Code is amended to read: 12800. There are in the state government the following agencies: State and Consumer Services; Business, Transportation and Housing; California Environmental Protection; California Health and Human Services; Labor and Workforce Development; Resources; and Youth and Adult Correctional. Whenever the term "Agriculture and Services Agency" appears in any law, it means the "State and Consumer Services Agency," and whenever the term "Secretary of Agriculture and Services Agency" appears in any law, it means the "Secretary of State and Consumer Services." Whenever the term "Business and Transportation Agency" appears in any law, it means the "Business, Transportation and Housing Agency," and whenever the term "Secretary of the Business and Transportation Agency" appears in any law, it means the "Secretary of Business, Transportation and Housing." Whenever the term "Health and Welfare Agency" appears in any law, it means the "California Health and Human Services Agency," and whenever the term "Secretary of the Health and Welfare Agency" appears in any law, it means the "Secretary of California Health and Human Services." SEC. 1.5. Part 4.7 (commencing with Section 13995) is added to Division 3 of Title 2 of the Government Code, to read: PART 4.7. BUSINESS AND TOURISM CHAPTER 1. CALIFORNIA TOURISM MARKETING ACT Article 1. Legislative Intent 13995. This chapter shall be known and may be cited as the California Tourism Marketing Act. 13995.1. The Legislature hereby finds and declares all of the following: (a) Tourism is among California's biggest industries, contributing over fifty-two billion dollars ($52,000,000,000) to the state economy and employing nearly 700,000 Californians in 1995. (b) In order to retain and expand the tourism industry in California, it is necessary to market travel to and within California. (c) State funding, while an important component of marketing, has been unable to generate sufficient funds to meet the threshold levels of funding necessary to reverse recent losses of California's tourism market share. (d) In regard to the need for a cooperative partnership between business and industry: (1) It is in the state's public interest and vital to the welfare of the state's economy to expand the market for, and develop, California tourism through a cooperative partnership funded in part by the state that will allow generic promotion and communication programs. (2) The mechanism established by this chapter is intended to play a unique role in advancing the opportunity to expand tourism in California, and it is intended to increase the opportunity for tourism to the benefit of the tourism industry and the consumers of the State of California. (3) Programs implemented pursuant to this chapter are intended to complement the marketing activities of individual competitors within the tourism industry. (4) While it is recognized that smaller businesses participating in the tourism market often lack the resources or market power to conduct these activities on their own, the programs are intended to be of benefit to businesses of all sizes. (5) These programs are not intended to, and they do not, impede the right or ability of individual businesses to conduct activities designed to increase the tourism market generally or their own respective shares of the California tourism market, and nothing in the mechanism established by this chapter shall prevent an individual business or participant in the industry from seeking to expand its market through alternative or complementary means, or both. (6) (A) An individual business's own advertising initiatives are typically designed to increase its share of the California tourism market rather than to increase or expand the overall size of that market. (B) In contrast, generic promotion of California as a tourism destination is intended and designed to maintain or increase the overall demand for California tourism and to maintain or increase the size of that market, often by utilizing promotional methods and techniques that individual businesses typically are unable, or have no incentive, to employ. (7) This chapter creates a mechanism to fund generic promotions that, pursuant to the required supervision and oversight of the secretary as specified in this chapter, further specific state governmental goals, as established by the Legislature, and result in a promotion program that produces nonideological and commercial communication that bears the characteristics of, and is entitled to all the privileges and protections of, government speech. (8) The programs implemented pursuant to this chapter shall be carried out in an effective and coordinated manner that is designed to strengthen the tourism industry and the state's economy as a whole. (9) Independent evaluation of the effectiveness of the programs will assist the Legislature in ensuring that the objectives of the programs as set out in this section are met. (e) An industry-approved assessment provides a private-sector financing mechanism that, in partnership with state funding, will provide the amount of marketing necessary to increase tourism marketing expenditures by California. (f) The goal of the assessments is to assess the least amount per business, in the least intrusive manner, spread across the greatest practical number of tourism industry segments. (g) The California Travel and Tourism Commission shall target an amount determined to be sufficient to market effectively travel and tourism to and within the state. (h) In the course of developing its written marketing plan pursuant to Section 13995.45, the California Travel and Tourism Commission shall, to the maximum extent feasible, do both of the following: (1) Seek advice and recommendations from all segments of California's travel and tourism industry and from all geographic regions of the state. (2) Harmonize, as appropriate, its marketing plan with the travel and tourism marketing activities and objectives of the various industry segments and geographic regions. (i) The California Travel and Tourism Commission's marketing budget shall be spent principally to bring travelers and tourists into the state. No more than 15 percent of the commission's assessed funds in any year shall be spent to promote travel within California, unless approved by at least two-thirds of the commissioners. Article 2. Definitions 13995.20. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) "Appointed Commissioner" means a commissioner appointed by the Governor. (b) "Assessed business" means a person required to pay an assessment pursuant to this chapter, and until the first assessment is levied, any person authorized to vote for the initial referendum. An assessed business shall not include a public entity or a corporation when a majority of the corporation's board of directors is appointed by a public official or public entity, or serves on the corporation's board of directors by virtue of being elected to public office, or both. (c) "Commission" means the California Travel and Tourism Commission. (d) "Elected Commissioner" means a commissioner elected pursuant to subdivision (d) of Section 13395.40. (e) "Industry category" means the following classifications within the tourism industry: (1) Accommodations. (2) Restaurants and retail. (3) Attractions and recreation. (4) Transportation and travel services. (f) "Industry segment" means a portion of an industry category. For example, rental cars are an industry segment of the transportation and travel services industry category. (g) "Office" means the Office of Tourism, also popularly referred to as the Division of Tourism, within the Business, Transportation and Housing Agency. (h) "Person" means an individual, public entity, firm, corporation, association, or any other business unit, whether operating on a for a profit or nonprofit basis. (i) "Referendum" means any vote by mailed ballot of measures recommended by the commission and approved by the secretary pursuant to Section 13395.60, except for the initial referendum, which shall consist of measures contained in the selection committee report, discussed in Section 13395.21. (j) "Secretary" means the Secretary of Business, Transportation and Housing. (k) "Selection Committee" means the Tourism Selection Committee described in Article 3 (commencing with Section 13995.30). Article 3. Tourism Selection Committee 13995.30. (a) The Governor shall appoint a Tourism Selection Committee based upon recommendations from established industry associations. The committee shall consist of 25 representatives, with no fewer than six from each industry category. In selecting the representatives, the Governor shall, to the extent possible, give recognition to the diversity within each industry category. The committee shall select a chairperson from among its members. The office shall provide staffing for the committee. (b) The selection committee shall convene on or before March 1, 1996. Not later than 150 days following the initial convening of the committee, the committee shall issue a report listing the following: (1) Industry segments that will be included in the initial referendum. (2) The target assessment level for the initial referendum. (3) Percentage of funds to be levied against each industry category and segment. To the extent possible, the percentages shall be based upon quantifiable industry data, and amounts to be levied against industry segments shall bear an appropriate relationship to the benefit derived from travel and tourism by those industry segments. (4) Assessment methodology and rate of assessment within each industry segment, that may include, but is not limited to, a percentage of gross revenue or a per transaction charge. (5) Businesses, if any, within a segment to be assessed at a reduced rate, which may be set at zero, whether temporarily or permanently. (6) Initial slate of proposed elected commissioners. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (c) Nothing in this section shall preclude the selection committee from setting the assessment rate for a business within a segment at a lower rate, which may be set at zero, than a rate applicable to other businesses within that segment if the selection committee makes specific findings that the lower rate should apply due to unique geographical, financial, or other circumstances affecting the business. No business for which a zero assessment rate is set pursuant to this subdivision shall be sent a ballot or entitled to participate in the initial referendum, or in any subsequent referendum in which its rate of assessment is set at zero. (d) The committee members for each industry category, also referred to as a subcommittee, shall prepare a recommendation for the entire committee on how the items specified in subdivision (b) should be determined for the industry segments within their industry category. The recommendations shall not include a discussion of industry category levies, which shall be determined solely by the committee. In the event that the subcommittee cannot agree on one or more of the items specified in subdivision (b), no recommendation shall be given in that category. The recommendations shall be presented to the full committee, which shall address each of the items contained in subdivision (b). (e) In order to be assessed, an industry segment must be defined with sufficient clarity to allow for the cost-effective identification of assessed businesses within that segment. (f) It shall be the responsibility of the office to advertise widely the selection committee process and to schedule public meetings for potential assessed businesses to provide input to the selection committee. (g) The recommendations developed by the committee pursuant to subdivision (b) shall be reviewed and approved by the secretary. (h) The selection committee process and report are exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). Article 4. Commission 13995.40. (a) Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law. (b) The board of commissioners shall consist of 37 commissioners comprising the following: (1) The secretary, who shall serve as chairperson. (2) Twelve members, who are professionally active in the tourism industry, representing each of the 12 officially designated tourism regions and diverse elements of the industry, shall be appointed by the Governor. Appointed commissioners are not limited to assessed businesses. (3) Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business. (c) The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence. (d) Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (e) The secretary may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude. (f) With the exception of the secretary, no commissioner shall serve for more than two consecutive terms. (g) Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum. (h) The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13395.62. (i) The commissioners shall elect a vice chairperson from the elected commissioners. (j) The commission may lease space from the office. (k) The commission and the office shall be the official state representatives of California tourism. (l) All commission meetings shall be held in California. (m) No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business. (n) Assessed businesses shall vote only for commissioners representing their industry category. (o) Commissioners shall comply with the requirements of the Political Reform Act of 1974. The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally. (p) Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1). (q) The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings. 13995.41. The purpose of the commission is to increase the number of persons traveling to and within California. 13995.42. (a) The commission is a separate, independent California nonprofit mutual benefit corporation. Except as provided in Section 13395.43, the staff of the commission shall be employees solely of the commission, and the procedures adopted by the commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (b) Not later than six months following the initial referendum, the commission shall adopt procedures concerning the operation of the commission in order to provide due process rights for assessed businesses. (c) In the event that the commission fails to adopt the procedures described in subdivision (b) within the specified timeframe, the secretary shall adopt procedures for use by the commission until the commission adopts its own procedures. These procedures shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1), whether adopted by the commission or secretary. 13995.43. (a) The commission shall be administered by an executive director. That individual shall be a tourism industry marketing professional, recommended by a vote of the commissioners and approved by the Governor. The executive director shall serve at the pleasure of both the commissioners and the Governor. (b) The executive director shall report to and receive overall guidance from the commission, and shall implement the commission's tourism marketing plan. The executive director shall report to the secretary for day-to-day managerial and financial responsibilities. (c) The executive director shall serve simultaneously as the director of the office, with the title of Deputy Secretary of Tourism of the Business, Transportation and Housing Agency, and that individual shall be an exempt employee, employed by the state. So long as the commission is in existence, the only director of the office shall be the executive director of the commission. Notwithstanding any other provision of law, the executive director may supervise both employees of the commission and employees of the office, notwithstanding the fact that the commission employees are employees solely of the commission. (d) The salary and benefits of the executive director shall be determined by the commission, and approved by the secretary, based upon industry standards for a director of a marketing budget of similar size. The entire salary and all benefits of the executive director shall be paid from assessments. 13995.44. (a) (1) The commission shall annually provide to all assessed businesses a report on the activities and budget of the commission including, but not limited to, income and expenses, the fund balance, a summary of the tourism marketing plan, and a report of progress in achieving the goals set forth in the plan. The portions of the report that pertain to the commission's income and expenses and the fund balance, as well as those other portions that the commission may from time to time deem appropriate, shall be audited by independent accountants retained by the commission for this purpose. (2) The commission's annual budget shall be subject to the review and approval of the secretary. However, any decision of the secretary related to the budget may be overridden by a vote of three-fifths or more of the commissioners then in office. (b) The commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated every time the assessment allocations are amended. The report shall be made available to any assessed business. 13995.45. (a) The commission shall annually prepare, or cause to be prepared, a written marketing plan. In developing the plan, the commission shall utilize, as appropriate, the advice and recommendations of the industry marketing advisory committee or committees established pursuant to subdivision (a) of Section 13995.47. The commission may amend the plan at any commission meeting. All expenditures by the commission shall be consistent with the marketing plan. (b) The plan shall promote travel to and within California, and shall include, but not be limited to, the following: (1) An evaluation of the previous year's budget and activities. (2) Review of California tourism trends, conditions, and opportunities. (3) Target audiences for tourism marketing expenditures. (4) Marketing strategies, objectives, and targets. (5) Budget for the current year. (c) Before final adoption of the plan, the commission shall provide each known destination marketing organization in California notice of the availability of the proposed marketing plan and suitable opportunity, which may include public meetings, to review the plan and to comment upon it. The commission shall take into consideration any recommendations submitted by the destination marketing organizations, except that the final determination as to the nature, extent, and substance of the plan shall in all respects rest solely within the ultimate discretion of the commission, except as provided in subdivision (d). (d) The final adoption of the plan shall be subject to the review and approval of the secretary. However, any decision of the secretary related to the plan may be overridden by a vote of three-fifths or more of the commissioners then in office. 13995.46. Commissioners and employees of the commission are not responsible individually in any way whatsoever to any person for liability for any good faith activity of the commission. 13995.47. (a) The commission shall establish one or more industry marketing advisory committees, which may include noncommissioners as members. The industry marketing advisory committees shall be structured so that, in the aggregate, they include, to the maximum extent feasible and reasonable, representation from every geographic region of the state and every segment of the state's travel and tourism industry. The commission shall establish procedures for the operation of the industry marketing advisory committees that will provide appropriate opportunity for every geographic region of the state and every segment of the travel and tourism industry to offer advice and recommendations to the commission relative to the development of its written marketing plan pursuant to Section 13995.45. (b) The commission may also establish from time to time any other committees it deems appropriate, and may appoint noncommissioners to the committees. 13995.48. If the commission believes that the administration of the marketing plan will be promoted thereby, the commission may borrow money, with or without interest, to carry out the provisions of the marketing plan, and may hypothecate anticipated assessment collections. 13995.49. The commission may by written contract accept a voluntary assessment from any person in a travel and tourism related business who is not an assessed business. The contract shall apply solely to the person in question and not to any other person in a travel and tourism related business who is not an assessed business. The contract shall provide that the voluntary assessment be equivalent to the assessment that would be levied if the person were an assessed business under this chapter, shall permit that business to vote on any referendum conducted under this chapter as if that person were an assessed business, and shall have a term concurrent with the effective period of any referendum on which the person votes. Individual voluntary assessments under this section shall be enforceable only under the terms of the respective contracts to which they pertain. This section shall not be construed to preclude donations to, or cooperative marketing activities of any kind with, the commission. Notwithstanding the foregoing, the commission shall not enter into any contract for a voluntary assessment with a person whose primary business is gaming, as defined in Chapter 10 (commencing with Section 330) of Title 9, Part 1 of the Penal Code. Article 5. Secretary 13995.50. (a) The marketing of California tourism is hereby declared to be affected with the public interest. This chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (b) The police powers shall be used to collect assessments not paid by the deadlines established by the secretary. 13995.51. (a) The following powers, and any other powers provided in this act, with the exception of the exercising of police powers and of that power enumerated in subdivision (b), shall be the responsibility of the secretary and, when not exercised by the secretary, may be exercised by the commission: (1) Call referenda in accordance with the procedures set forth in Article 6 (commencing with Section 13995.60) and certify the results. (2) Collect and deposit assessments. (3) Exercise police powers. (4) Pursue actions and penalties connected with assessments. (b) Except as otherwise specified in this chapter, the secretary shall have veto power over the actions of the commission, following consultation with the commission, only under the following circumstances: (1) Travel and expense costs. (2) Situations where the secretary determines a conflict of interest exists, as defined by the Fair Political Practices Commission. (3) The use of any state funds. (4) Any contracts entered into between the commission and a commissioner. 13995.52. (a) Except as otherwise specified in Section 13995.70, the commission may be terminated by referendum of the assessed businesses pursuant to Section 13995.60 or at any time by a referendum called by 10 percent of the assessed businesses, calculated by weighted percentages. (b) Notice of the termination shall be mailed to all assessed businesses. (c) Upon termination, the commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution. (d) Upon termination of the commission established pursuant to this chapter, the California Tourism Commission shall advise the office, and conduct all other tasks authorized by the California Tourism Policy Act. 13995.53. The secretary may require any and all assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the secretary with any information that may, from time-to-time, be requested by the secretary, and to permit the inspection by the secretary of portions of books and records that relate to the amount of assessment. 13995.54. Information pertaining to assessed businesses obtained by the secretary pursuant to this chapter is confidential and shall not be disclosed except to a person with the right to obtain the information, any attorney hired by the secretary who is employed to give legal advice upon it, or by court order. Information obtained by the secretary in order to determine the assessment level for an assessed business is exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). 13995.55. For the purpose of carrying out Section 13995.51, the secretary may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. 13995.56. A person shall not be excused from attending and testifying, or from producing documentary evidence, before the secretary in obedience to the subpoena of the secretary pursuant to the authority granted in Section 13995.55 on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, which is required of him or her may tend to incriminate the person or subject that person to a penalty. A natural person shall not, however, be prosecuted or subjected to any penalty on account of any transaction, matter, or thing concerning which he or she may be required to testify, or produce evidence, documentary or otherwise, before the secretary in obedience to a subpoena. A natural person testifying shall not, however, be exempt from prosecution and punishment for perjury committed in so testifying. 13995.57. Any funds appropriated to the office may be used to implement the tourism marketing plan specified in Section 13995.45. In addition to any other authority for the office to spend funds, state funds may be used for the following: research, conducting and advertising referenda, administration of state funds, policing, collection of assessments, and contracting for assistance in obtaining information on businesses to be assessed. 13995.58. The office may contract with the commission in order for the commission to undertake marketing activities utilizing state funds, and Section 10295, and Article 4 (commencing with Section 10335) and Article 5 (commencing with Section 10355) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code shall not apply to those agreements. Article 6. Referendum 13995.60. (a) As used in this article and Article 7 (commencing with Section 13995.65) "assessment level" means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue). (b) Commencing on January 1, 2003, a referendum shall be called every two years, and the commission, by adopted resolution, shall determine the slate of individuals who will run for commissioner. The resolution shall also cover, but not be limited to, the proposed assessment level, based upon specified assessment formulae, together with necessary information to enable each assessed business to determine what its individual assessment would be. Commencing with the referendum held in 2007 and every six years thereafter, the resolution shall also cover the termination or continuation of the commission. The resolution may also include an amended industry segment allocation formula and the percentage allocation of assessments between industry categories and segments. The commission may specify in the resolution that a special, lower assessment rate that was set pursuant to subdivision (c) of Section 13995.30 for a particular business will no longer apply due to changes in the unique circumstance that originally justified the lower rate. The resolution may include up to three possible assessment levels, from which the assessed businesses will select one assessment level by plurality weighted vote. (c) The commission shall deliver to the secretary the resolution described in subdivision (b). The secretary shall call a referendum containing the information required by subdivision (b) plus any additional matters complying with the procedures of subdivision (b) of Section 13995.62. (d) When the secretary calls a referendum, all assessed businesses shall be sent a ballot for the referendum. Every ballot that the secretary receives by the ballot deadline shall be counted, utilizing the weighted formula adopted initially by the selection committee, and subsequently amended by referendum. (e) If the referendum includes more than one possible assessment rate, the rate with the plurality of weighted votes shall be adopted. 13995.61. (a) The costs of marketing and promoting the initial referendum shall be provided by private payments. The costs of the initial referendum shall be paid by the office. The office shall coordinate the referendum to ensure that it is unbiased and factually correct. In the event that the initial referendum fails in the first attempt at passage, subsequent attempts at passage of the initial referendum shall be permitted, except that the costs of conducting the subsequent attempts at passage, along with the costs of marketing and promoting those attempts at passage, shall be provided by private payments. Subsequent attempts at passage shall be conducted in the manner specified in this subdivision. In the event that the initial referendum passes, whether on the first attempt at passage or a subsequent attempt at passage, the private payers and the office shall be reimbursed for all of their respective initial referendum costs from assessments first received. (b) The ongoing referendum costs shall be paid by the commission. 13995.62. (a) Assessed businesses may place on a referendum pursuant to Section 13995.60 additional candidates for commissioner, a different assessment level, or both. (b) A minimum of 20 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add different assessment levels to the items included in the referendum. (c) A minimum of 10 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add candidates for commissioner to the items included in the referendum. 13995.63. (a) Upon receipt of the resolution required by Section 13995.60, including any assessed business referendum request pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, the secretary shall establish a referendum period not to exceed 60 days. If the secretary determines that the referendum period so established does not provide sufficient time for the balloting, the secretary may extend the referendum period not more than 15 additional days. At the close of the referendum period, the secretary shall count and tabulate the ballots filed during the referendum period. (b) The secretary shall establish a deadline for adoption of the resolution described in subdivision (a). If the commission fails to meet this deadline, or if the adopted resolution fails to meet the requirements of this chapter, then assessed businesses may present a slate of candidates to the secretary not later than 60 days following the deadline established for the commission resolution. A minimum of 10 percent of weighted voters shall sign the document presenting the slate. (c) In the event that the secretary does not receive a resolution required by Section 13995.60 from the commission by the deadline established pursuant to subdivision (b) or the resolution does not comply with the requirements of this chapter and the assessed businesses fail to present a slate pursuant to subdivision (b), then the secretary shall select a slate of commissioners and this slate, added to any assessed business referendum requests pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, shall constitute the items included in the referendum. 13995.64. (a) Each assessed business is entitled to a weighted vote in each referendum. In calculating weighted votes, each assessed business receives a vote equal to the relative assessment paid by that business. An assessed business paying nine hundred dollars ($900) in annual assessments has three times the weighted vote of a business paying three hundred dollars ($300). Weighted votes are used to determine all issues on the referendum. The initial referendum, and any referendum item to terminate the commission, must be approved by a majority of the weighted votes cast at the referendum. The amount of assessment and selection of commissioners is determined by the most weighted votes, whether or not there is a majority. (b) For purposes of voting in any referendum, each assessed business is part of one industry category and one industry segment, and for voting purposes only, a business with revenue in more than one industry category or industry segment shall only be included in the category and segment in which it earns the most gross revenue. (c) Each assessed business is eligible to vote for each item on the referendum, except that an assessed business can only vote for commissioners representing its industry category, and industry segment formulae for its industry segment. (d) A business is not eligible to vote unless it has paid all assessments and fines outstanding as of a date established by the secretary. Article 7. Assessments 13995.65. (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formula for each industry segment, and any types of business exempt from assessment. The initial segment committees shall consist of the subcommittee for that category as described in subdivision (c) of Section 13995.30. Following approval of the assessment by referendum, the committees shall be selected by the commission, based upon recommendations from the tourism industry. Committee members need not be commission members. (b) The committee recommendations shall be presented to the commission or selection committee, as applicable. The selection committee may adopt a resolution specifying some or all of the items listed in subdivision (a), plus an allocation of the overall assessment among industry categories. The commission may adopt a resolution specifying one or more of the items listed in subdivision (a), plus an allocation of the proposed assessment. The selection committee and commission are not required to adopt the findings of any committee. (c) The initial industry category and industry segment allocations shall be included in the selection committee report required by subdivision (b) of Section 13995.30. Changes to the industry segment allocation formula may be recommended to the commission by a segment committee at the biennial commission meeting scheduled to approve the referendum resolution pursuant to Section 13995.60. At the same meeting, the commission may amend the percentage allocations among industry categories. Any item discussed in this section that is approved by resolution of the commission, except amendments to the percentage allocations among industry categories, shall be placed on the next referendum, and adopted if approved by the majority of weighted votes cast. (d) Upon approval by referendum, the office shall mail an assessment bill to each assessed business. The secretary shall determine how often assessments are collected, based upon available staffing resources. The secretary may stagger the assessment collection throughout the year, and charge businesses a prorated amount of assessment because of the staggered assessment period. The secretary and office shall not divulge the amount of assessment or weighted votes of any assessed businesses, except as part of an assessment action. (e) An assessed business may appeal an assessment to the secretary based upon the fact that the business does not meet the definition established for an assessed business within its industry segment or that the level of assessment is incorrect. An appeal brought under this subdivision shall be supported by substantial evidence submitted under penalty of perjury by affidavit or declaration as provided in Section 2015.5 of the Code of Civil Procedure. If the error is based upon failure of the business to provide the required information in a timely manner, the secretary may impose a fee for reasonable costs incurred by the secretary in correcting the assessment against the business as a condition of correcting the assessment. (f) Notwithstanding any other provision of law, an assessed business may pass on some or all of the assessment to customers. An assessed business that is passing on the assessment may, but shall not be required to, separately identify or itemize the assessment on any document provided to a customer. Assessments levied pursuant to this chapter and passed on to customers are not part of gross receipts or gross revenue for any purpose, including the calculation of sales or use tax and income pursuant to any lease. However, assessments that are passed on to customers shall be included in gross receipts for purposes of income and franchise taxes. (g) For purposes of calculating the assessment for a business with revenue in more than one industry category or industry segment, that business may elect to be assessed based on either of the following: (1) The assessment methodology and rate of assessment applicable to each category or segment, respectively, as it relates to the revenue that it derives from that category or segment. (2) With respect to its total revenue from all industry categories or segments, the assessment methodology and rate of assessment applicable to the revenue in the category and segment in which it earns the most gross revenue. 13995.66. The initial assessment level shall be the amount that the selection committee recommends in its report to the Governor pursuant to Section 13995.30, which may be less than twenty-five million dollars ($25,000,000). This assessment level is a target, and shall serve as the basis for setting application of the assessment formulae, but the actual amount of collected assessments may be more or less than the assessment level. 13995.67. Assessments may be used in furtherance of the purposes set forth in Section 13995.41, or to fund the costs pursuant to Section 13995.57. Assessments may be used to fund these costs regardless of whether the work was performed by the office or commission. 13995.68. (a) The secretary shall establish a list of businesses to be assessed and the amount of assessment owed by each. The secretary shall collect the assessment from all assessed businesses, and in collecting the assessment the secretary may exercise the police powers and bring enforcement actions. (b) Funds collected by the secretary shall be deposited into the account of the commission. This account shall not be an account of the state government. (c) Any costs relating to the collection of assessments incurred by the state shall be reimbursed by the commission. 13995.69. (a) The office shall develop a list of California businesses within each segment included within the report required by subdivision (b) of Section 13995.30, periodically updated. Other state agencies shall assist the office in obtaining the names and addresses of these businesses. (b) The office shall mail to each business identified pursuant to subdivision (a) a form requesting information necessary to determine the assessment for that business. Any business failing to provide this information in a timely manner shall be assessed an amount determined by the secretary to represent the upper assessment level for that segment. (c) The office, in consultation with the commission, shall establish by regulation the procedure for assessment collection. 13995.70. (a) Funding for the commission is a cooperative venture. Because of the benefits that accrue to the state and to its residents by virtue of having the travel and tourism industry participate cooperatively with the state for the purpose of effectively marketing travel and tourism to and within the state, it is the intent of the Legislature that the state shall be responsible for appropriating a minimum of seven million three hundred thousand dollars ($7,300,000) each fiscal year for travel and tourism, and the industry shall be responsible for targeting the level of assessments for each fiscal year at the amount determined to be appropriate by the commission and approved by referendum. However, that assessment level shall ultimately reach at least twenty-five million dollars ($25,000,000). The industry may terminate the commission by referendum at any time, including during the initial four years, if the state fails to appropriate seven million three hundred thousand dollars ($7,300,000) in any fiscal year, and the state may decide not to appropriate funding in the event that the commission fails in any fiscal year to target its annual assessment level at or above the level set for the initial referendum. Termination of the commission by the industry shall require an adopted resolution of the commission to either include this issue in a regularly scheduled referendum, or to call a special referendum to decide the issue. (b) The assessed funds shall be audited annually. (c) The assessed funds shall be under the control of the commission, which shall spend the funds consistent with commission policies and the tourism marketing plan. The state shall have no interest in the fund except the general state interest that the state has in nonprofit corporations. 13995.71. Any assessment levied as provided in this chapter is a personal debt of every person so assessed and shall be due and payable to the secretary. If any assessed person fails to pay any assessment, the secretary may file a complaint against the person in a state court of competent jurisdiction for the collection of the assessment. 13995.72. If any assessed business that is duly assessed pursuant to this chapter fails to pay to the secretary the assessed amount by the due date, the secretary may add to the unpaid assessment an amount not to exceed 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment. In addition to payment for the cost of enforcing a collection, the assessed business shall pay to the secretary a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the assessed business of his or her failure to pay the assessment on the date required, unless the secretary determines, to his or her satisfaction, that the failure to pay is due to reasonable cause beyond the control of the assessed business. 13995.73. The secretary may require assessed businesses to deposit with him or her in advance the following amounts: (a) An amount for necessary expenses. (b) An amount that shall not exceed 25 percent of the assessment to cover costs that are incurred prior to the receipt of sufficient funds from the assessment. (c) The amount of any deposit that is required by the secretary shall be based upon the estimated assessment for the assessed business. 13995.74. In lieu of requiring advance deposits pursuant to Section 13395.73, or in order generally to provide funds for defraying administrative expenses or the expenses of implementing the tourism marketing plan until the time that sufficient moneys are collected for this purpose from the payment of the assessments that are established pursuant to this chapter, the secretary may receive and disburse for the express purposes contributions that are made by assessed businesses. If, however, collections from the payment of established assessments are sufficient to so warrant, the secretary shall authorize the repayment of contributions, or authorize the application of the contributions to the assessment obligations of persons that made the contributions. 13995.75. Upon termination of the commission, any remaining funds that are not required by the secretary to defray commission expenses shall be returned by the secretary upon a pro rata basis, to all persons from whom the assessments were collected unless the secretary finds that the amounts to be returned are so small as to make impractical the computation and remitting of the pro rata refund to the appropriate persons. If the secretary makes a finding that returning the remaining funds would be impractical, he or she may use the moneys in the fund to defray the costs of the office. 13995.76. Any check or warrant that is drawn against the funds of the commission that remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be used for administration of the commission, and in furtherance of the tourism marketing plan. 13995.77. A business is exempt from the assessments provided for in this chapter if any of the following apply: (a) The business is a travel agency or tour operator that derives less than 20 percent of its gross revenue annually from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may participate as an assessed business by paying an assessment calculated on the same basis applicable to other travel agencies or tour operators, respectively, and by filing a written request with the secretary indicating its desire to be categorized as an assessed business. (b) The business is a small business. For purposes of this section, "small business" means a business location with less than $1,000,000 in total California gross annual revenue from all sources. A business exempted pursuant to this subdivision may enter into a contract for voluntary assessments pursuant to Section 13995.49. (c) The assessments provided for in this chapter shall not apply to the revenue of regular route intrastate and interstate bus service: provided, however, that this subdivision shall not be deemed to exclude any revenue derived from bus service that is of a type that requires authority, whether in the form of a certificate of public convenience and necessity, or a permit, to operate as a charter-party carrier of passengers pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. Article 8. Actions and Penalties 13995.80. Any action for any penalty or other remedy that is prescribed under any provision of this chapter shall be commenced within three years from the date of the alleged violation. 13995.81. Any person who files false information concerning an assessment is civilly liable in an amount of not more than ten thousand dollars ($10,000), in addition to any amount owed as the assessment. 13995.82. (a) When the secretary makes a determination that an assessment is deficient as to the payment due, the secretary may determine the amount of the deficiency, including any applicable penalty, as provided in this chapter. After giving notice that a deficiency determination is proposed and an opportunity to file a report or provide supplemental information is provided, the secretary may make one or more deficiency determinations of the amount due for any reporting period based on information in the secretary's possession. When an assessed business is discontinued, a deficiency determination may be made at anytime thereafter as to the liability arising out of the operation of that business. (b) The secretary shall give notice of the proposed deficiency determination and the notice of deficiency determination by mailing a copy of the deficiency to the assessed business at the current address for that business on file with the secretary. The giving of notice is complete at the time of deposit in the United States mail. In lieu of mailing, a notice may be served personally by delivering it to the person to be served. (c) Except in the case of fraud or failure to file required information, a notice of a deficiency determination shall be given within four years of the accrual of the deficiency. (d) The person against whom a deficiency determination is made may petition the secretary for redetermination within 30 days after the serving of the notice of deficiency determination. If a petition is not filed within 30 days, the deficiency determination shall become final. (e) A petition for redetermination shall be in writing, state the specific grounds upon which it is based, and be supported by applicable records and declarations under penalty of perjury that the information supporting the petition is accurate and complete. If a petition for redetermination is duly filed, the secretary shall reconsider the deficiency determination and may grant a hearing thereon. The secretary shall, as soon as practicable, make an order on redetermination, which shall become final 30 days after service of notice of the order of redetermination upon the petitioner. The notice of the order shall be served in the same manner as the notice of the original deficiency determination. (f) If any amount required to be paid pursuant to a deficiency determination or redetermination is not paid within the time specified in the notice thereof, the secretary may, within four years thereafter, file in the Superior Court in the County of Sacramento, or the superior court in any other county, a certificate specifying the amount required to be paid, the name and address of the person liable as it appears on the records of the secretary, and a request that judgment be entered against the person in that amount 30 days after the filing. Notice of the filing shall be given in the same manner as for the notice of deficiency determination. The court shall enter a judgment in conformance with the secretary's certificate 30 days after its filing, unless a petition for judicial review has been filed within the 30-day period. (g) An abstract of the judgment, or a copy thereof, may be filed with the county recorder of any county. From the time of filing of the judgment, the amount of the judgment constitutes a lien upon all of the property in the county owned by the judgment debtor. The lien has the force, effect and priority of a judgment lien and shall continue for 10 years from the date of the judgment, unless sooner released or otherwise discharged. The lien imposed by this section is not valid insofar as personal property is concerned against a purchaser of value without actual knowledge of the lien. (h) Execution shall issue upon the judgment upon request of the secretary in the same manner as execution may issue upon other judgments, and sales shall be held under execution as prescribed in the Code of Civil Procedure. (i) The person named in a notice of deficiency determination or redetermination may, within 30 days of the notice of filing with the superior court, file an action for judicial review thereof, as provided herein, in the Superior Court in the County of Sacramento or, with the secretary's consent, the superior court in any other county. As a condition of staying entry of judgment or granting other relief, the court shall require the filing of a corporate surety bond with the secretary in the amount of the deficiency stated in the certificate. In any court proceeding, the certificate of the secretary determining the deficiency shall be prima facie evidence of the fee and the amount due and unpaid. (j) The provisions of this section are supplemental to any other procedures for collection and imposition of fees and penalties provided by this chapter. (k) In lieu of proceeding pursuant to this section, the secretary may file a complaint for collection of unpaid assessments as provided by law. 13995.83. It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record that is required by the secretary pursuant to any provision of this chapter. 13995.84. Any suit brought by the secretary to enforce any provision of this chapter, or any regulation, or rule and regulation, that is issued by the secretary shall provide that the defendant pay to the secretary the costs that were incurred by the secretary and by the commission in the prosecution of the action in the event the secretary prevails in the action. Any money that is recovered shall reimburse the account or accounts used to pay the costs. Article 9. Miscellaneous 13995.90. In any civil or criminal action or proceeding for violation of any of the following, proof that the act that is complained of was done in compliance with the provisions of this chapter is a complete defense to the action or proceeding: (a) The Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code. (b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (c) Any rule of statutory or common law against monopolies or combinations in restraint of trade. 13995.91. If any section, sentence, clause, or part of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, that invalidity shall not affect the remaining provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. The Legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part of this chapter despite the fact that one or more sections, sentences, clauses, or parts of this chapter is declared invalid. Article 10. Los Angeles County Tourism Marketing 13995.100. (a) The Legislature recognizes that, because of the size and significant economic impact of the tourism industry on the economy of the County of Los Angeles, it being the second largest economic activity within the county, and due to many independent factors that have adversely affected tourism in the county, it is necessary to empower the tourism industry within the County of Los Angeles to create a governance structure in order to foster marketing efforts directed at specifically attracting tourists to the county. (b) Recognizing the importance of enabling the private-sector tourism industry within the County of Los Angeles to assess itself in order to fund tourism marketing efforts, this article shall authorize the formation of the Los Angeles County Tourism Selection Committee to be appointed by the Los Angeles County Board of Supervisors, and the Los Angeles County Tourism Marketing Commission, the members of which shall be elected by industry referendum and ex officio appointment, as set forth in this article. 13995.101. For the purposes of this article, the following definitions shall apply: (a) "County commission" means the Los Angeles County Tourism Marketing Commission. (b) "County commissioner" means a commissioner of the county commission. (c) "County selection committee" means the Los Angeles County Tourism Selection Committee described in Section 13995.102. (d) "Industry category" means the classifications within the tourism industry designated by the county selection committee, or if not so designated, then as follows: (1) Accommodations. (2) Restaurants and retail. (3) Attractions and recreation. (4) Transportation and travel services. (e) "Referendum" means any vote by mail ballot of measures recommended by the county commission in accordance with the procedure set forth in Section 13995.110. 13995.102. (a) The Los Angeles County Board of Supervisors shall appoint the Los Angeles County Tourism Selection Committee to consist of persons, or principals of entities, from within the industry categories that are to be assessed, based upon recommendations from established industry associations and destination marketing organizations within Los Angeles County. (b) The county selection committee shall consist of 24 representatives, with no fewer than three from each industry category. The county selection committee shall appoint a chair and any other officers it deems advisable. (c) The county selection committee shall convene within 150 days after the effective date of this chapter. Not later than 150 days following the initial convening of the committee, the committee shall issue a report and recommendations listing the following: (1) Industry segments that will be included in the initial referendum. (2) Percentage of funds to be levied against each industry category and segment. To the extent possible, the percentages shall be based upon quantifiable industry data. Funds to be levied against businesses shall bear an appropriate relationship to the benefit derived from travel and tourism by those businesses. (3) Assessment methodology and rate of assessment within each industry segment, that may include, but not be limited to, a percentage of gross revenue or a per transaction charge. (4) Businesses, if any, within a segment to be assessed at a reduced rate, which may be set at zero, whether temporarily or permanently, because they do not sufficiently benefit from travel and tourism. (5) Initial slate of proposed elected commissioners. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (d) Nothing in this section shall preclude the selection committee from setting the assessment rate for a business within a segment at a lower rate, which may be set at zero, than a rate applicable to other businesses within that segment if the selection committee makes specific findings that the lower rate should apply due to unique geographical, financial, or other circumstances affecting the business. No business for which a zero assessment rate is set pursuant to this subdivision shall be sent a ballot or entitled to participate in the initial referendum, or in any subsequent referendum in which its rate of assessment is set at zero. (e) The committee members for each industry category, also referred to as a subcommittee, shall prepare a recommendation for the entire committee on how the items specified in subdivision (c) should be determined for the industry segments within their industry category. The recommendations shall not include a discussion of industry category levies, which shall be determined solely by the committee. In the event that the subcommittee cannot agree on one or more of the items specified in subdivision (c), no recommendation shall be given in that category. The recommendations shall be presented to the full committee, which shall address each of the items contained in subdivision (c). (f) In order to be assessed, an industry segment shall be defined with sufficient clarity to allow for the cost-effective identification of assessed businesses within that segment. (g) It shall be the responsibility of the county selection committee to advertise widely the selection committee process and to schedule public meetings for potential assessed businesses to provide input to the selection committee. (h) The selection committee process and report shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (i) The Los Angeles Convention and Visitors Bureau shall be asked to supply staff support to the county selection committee. The Office of Tourism within the Business, Transportation and Housing Agency shall not be required to supply staff support to the county selection committee. 13995.103. (a) Based upon the criteria established by the county selection committee, the county commission shall be established by industry referenda within the county conducted in accordance with subdivision (d) and Section 13995.104, and shall include certain ex officio voting members provided for in subdivision (d). (b) The county commission shall be a private, nonprofit corporation under the direction of a board of county commissioners. The activities and purposes of the county commission shall be to promote tourism to and within the County of Los Angeles through marketing and other promotional efforts. (c) The board of county commissioners shall function as the board of directors for purposes of the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code). (d) The board of county commissioners shall consist of 24 members to be elected by industry category by referendum, from among individuals who are professionally active in the tourism industry, representing diverse elements of the industry. In addition, the board of county commissioners shall include the salaried chief executive officer of each convention and visitors bureau within Los Angeles County that operates either as a part of municipal government or under contract with any municipality within the county. The elected county commissioners need not be limited to representatives of assessed businesses. (e) In the referendum process, regardless of the number of ballots received for a referendum, the nominee for each county commissioner slot with the most weighted votes, based upon assessment levels, from businesses within that industry category shall be elected county commissioner. Assessed businesses shall vote only for county commissioners representing their industry category. (f) All elected county commissioners shall serve three-year terms, except that one-third of the county commissioners originally elected shall serve a one-year term, one-third shall serve a two-year term, and the remainder shall serve a three-year term. Every year thereafter, one-third of the county commissioners shall be elected by industry referendum. No county commissioner may serve for more than two consecutive terms. (g) In the event that a county commissioner resigns, dies, or is removed from office during his or her term, the county commission shall appoint a replacement from the same industry category that the previous county commissioner represented, and that county commissioner shall fill the remaining term of the previous county commissioner. (h) The county selection committee shall determine the initial slate of candidates for elected county commissioners. Thereafter, the county commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates who may be placed on the referendum by assessed businesses under a procedure to be adopted by the county commission. (i) The county commissioners shall annually, within 60 days before commencement of the fiscal year of the county commission, elect from among the county commissioners a chair, vice-chair, secretary, and chief financial officer. (j) No person shall receive compensation as a county commissioner, but each county commissioner shall receive reimbursement from county assessments for reasonable expenses incurred while on authorized county commission business. 13995.104. (a) The county commission shall be a private, nonprofit corporation, and shall not be part of state or county government, nor be construed in any other manner as a public entity. (b) No person employed by the county commission shall be a state or county employee. (c) The procedures adopted by the county commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). 13995.105. (a) Not later than six months following its formation, the county commission shall adopt procedures concerning the operation of the county commission in order to provide due process rights for assessed businesses. (b) The county commission shall annually provide to all assessed businesses a report on the activities and budget of the county commission including, but not limited to, income and expenses, the fund balance, a Summary Los Angeles County Tourism Marketing Plan, and a report of progress in achieving the goals set forth in the plan. (c) The county commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated each time the assessment allocations are amended. The report shall be made available to any assessed business, but all confidential information provided shall remain confidential and not be released to any person or entity unless authorized by the county commission. (d) (1) The county commission shall annually prepare, or cause to be prepared, a Los Angeles County Tourism Marketing Plan. The county commission may amend the plan at any county commission meeting. All expenditures by the county commission shall be consistent with the marketing plan. (2) The plan shall promote travel to and within Los Angeles County, and shall include, but need not be limited to, the following: (A) An evaluation of the previous year's budget activities. (B) Review of state, county, and local tourism trends, conditions, and opportunities. (C) Target audiences for tourism marketing expenditures. (D) Marketing strategies, objectives, and targets. (E) Budget for the current year. (3) In developing the plan, the county commission shall, to the maximum extent feasible, do both of the following: (A) Seek advice and recommendations from all segments of the county's travel and tourism industry and from all geographic regions of the county. (B) Harmonize, as appropriate, the plan with the travel and tourism marketing activities and objectives of the various industry segments and geographic regions. (e) The county commission may establish committees and may appoint noncommissioners to its committees. 13995.106. County commissioners and employees of the county commission shall not be individually liable in any way to any person for any good faith activity of the county commission, county commissioners, or employees. 13995.107. The county commission may be terminated at any time after the initial four years of operation by referendum of the assessed businesses. Notice of the termination shall be mailed to all assessed businesses. Upon termination, the county commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution. 13995.108. (a) The county may require assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the county treasurer/tax collector with any information that may, from time to time, be requested by the treasurer/tax collector, and to permit the inspection by the treasurer/tax collector of portions of books and records that relate to the amount of assessment. (b) Information pertaining to assessed businesses obtained by the county treasurer/tax collector pursuant to this chapter shall be confidential and shall not be disclosed except to a person with authority to obtain the information, any attorney hired by the county treasurer/tax collector who is employed to give legal advice upon that information, or by court order. (c) Information obtained by the county treasurer/tax collector in order to determine the assessment level for an assessed business shall be exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). 13995.109. (a) The county commission shall recommend the assessments approved by the industry referendum to the board of supervisors. Upon approval by the board of supervisors, the Los Angeles County Treasurer/Tax Collector shall collect all assessments so approved. In that collection effort, the county treasurer/tax collector may utilize its police powers, and pursue actions and penalties set forth in Article 8 (commencing with Section 13995.80) in the collection of all county assessments. (b) Direct and actual expenses associated with the collection of assessments by the county commission or the county treasurer/tax collector shall be reimbursed from the assessments collected. 13995.110. (a) No referendum required under this article shall be undertaken until any of the following occurs, whichever is earliest: (1) A statewide referendum held pursuant to this chapter has obtained a passing vote in the County of Los Angeles. (2) Two statewide referenda have been held pursuant to this chapter. (3) July 1, 1998. (b) Referenda required under this article shall be conducted in a similar manner as provided in Article 6 (commencing with Section 13995.60 as follows: (1) The county commission shall undertake all duties, and act in all respects, in place of the California Tourism Marketing Commission, and either the county or the county treasurer/tax collector, as designated in this article, shall act in place of the Secretary of Business, Transportation and Housing. (2) The initial assessment target for the county commission shall be set by the county selection committee. (3) The first referendum shall be initiated by industry members, with all costs of marketing and promoting of the initial referendum to be provided by the tourism industry. (4) Each referendum may cover one or more of the following subjects: (A) Assessment level based upon specified assessment formula. (B) Amended industry segment allocation formulae. (C) Percentage allocation of assessments between industry categories and segments. (D) Election of county commissioners subject to election by referendum. (E) Termination of the county commission. (F) Whether to establish, continue, or reestablish an assessment. (5) The costs of all marketing and promoting of all referenda following the initial referendum shall be paid by the county commission from assessments collected. The county commission may reimburse those who have contributed to the costs of the initial referendum from proceeds raised from assessments collected from the initial referendum. 13995.111. Assessments shall be set by the county commission, as follows: (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formulae for each industry segment, and any type of business exempt from assessment. The committees shall be selected by the county commission based upon recommendations from the tourism industry. Committee members need not be commission members. (b) The committee recommendations shall be presented to the county commission. The county commission may adopt a resolution specifying one or more of the items listed in subdivision (a), plus an allocation of the proposed assessment. The county commission shall consider the recommendations of any committee. (c) The initial industry category and industry segment allocations shall be as set in the Selection Committee Report required by subdivision (b) of Section 13995.30. Changes to the industry segment allocation formulae may be recommended to the county commission by a segment committee. At the same meeting, the county commission may amend the percentage allocations among industry categories. Any item discussed in this section that is approved by resolution of the county commission, except amendments to the percentage allocations among industry categories, shall be placed on the next referendum, and adopted if approved by the weighted majority of votes cast. All industry segment members shall be subject to any duly approved assessments. (d) Upon approval by referendum, and recommendation to the county by the county commission, the county treasurer/tax collector shall calculate the assessments due for each assessed business and mail an assessment bill to each assessed business. The county treasurer/tax collector may stagger the assessment collection throughout the year, and charge businesses a prorated amount of assessment based on the staggered assessment period. The county treasurer/tax collector shall not divulge the amount of assessment or weighted votes of any assessed businesses, except as part of an assessment action. 13995.112. An assessed business may appeal an assessment to the county commission upon the basis that the business does not meet the definition established for an assessed business within its industry segment, or that the level of assessment is incorrect. If the error is based upon failure of the business to provide the required information in a timely manner, the county commission may recommend to the county a fine to be collected by the county treasurer/tax collector as a condition of correcting the assessment. 13995.113. (a) The county treasurer/tax collector shall collect the assessment from all assessed businesses, and, in collecting an assessment, may bring enforcement actions. (b) Funds collected shall be deposited into an account or accounts for the benefit of the county commission, subject to the county treasurer/tax collector's authority under Section 13995.109 to reimburse his or her office for direct and actual expenses associated with the collection of assessments. These accounts shall not be accounts of the state or county government. (c) The county treasurer/tax collector shall mail to each business identified pursuant to subdivision (a) of Section 13995.111 a form requesting information necessary to determine the assessment for that business. Any business failing to provide this information in a timely manner shall be assessed an amount determined by the county treasurer/tax collector to represent the upper assessment level for that segment. (d) The assessed funds shall be audited annually. (e) The assessed funds shall be under the control of the county commission, which shall spend the funds consistent with commission policies and the Los Angeles County Tourism Marketing Plan. Neither the state nor the county shall have any interest in the fund except the general interest that the state has in nonprofit corporations. (f) Direct and actual expenses incurred by the county in implementing this article shall be reimbursed from the assessed funds. 13995.114. (a) Any assessment levied as provided in this article is a debt of the business so assessed and shall be due and payable at the direction of the county treasurer/tax collector. If any assessed business fails to pay any assessment, the county treasurer/tax collector may file a complaint in a state court of competent jurisdiction for the collection of the assessment. (b) If any assessed business that is duly assessed pursuant to this article fails to pay the assessed amount by the due date, the county treasurer/tax collector may add to the unpaid assessment an amount not to exceed 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment. In addition to payment for the cost of enforcing a collection, the assessed business shall pay a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the assessed business of its failure to pay the assessment on the date required, unless the county treasurer/tax collector determines that the failure to pay is due to reasonable cause beyond the control of the assessed business. (c) (1) The county treasurer/tax collector may require assessed businesses to deposit in advance the following amounts: (A) An amount for necessary expenses. (B) An amount that shall not exceed 25 percent of the assessment to cover costs that are incurred prior to the receipt of sufficient funds from the assessment. (2) The amount of any deposit that is required shall be based upon the estimated assessment for the assessed business. (d) In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative expenses or the expenses of implementing the Los Angeles County Tourism Marketing Plan until sufficient moneys are collected for this purpose from the payment of the assessments that are established pursuant to this article, the county commission may receive and disburse for those express purposes, contributions that are made by assessed businesses. However, if collections from the payment of established assessments are sufficient, the county commission may authorize the repayment of contributions, or authorize the application of the contributions to the assessment obligations of persons who made the contributions. (e) Upon termination of the county commission, any remaining funds that are not required to defray commission expenses shall be returned, upon a pro rata basis, to all persons from whom the assessments were collected. (f) Any check or warrant that is drawn against the funds of the county commission that remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be used for administration of the county commission and in furtherance of the Los Angeles County Tourism Marketing Plan. 13995.115. The county commission shall separately contract with the Los Angeles Convention and Visitors Bureau to serve as its administrative contractor in the promotion, implementation, and administration of the Los Angeles County Marketing Plan adopted by the county commission. If the county commission believes that the administration of the county marketing plan will be promoted thereby, the commission may borrow money, with or without interest, to carry out the provisions of the county marketing plan, and may hypothecate anticipated assessment collections. 13995.116. This article is subject to Article 8 (commencing with Section 13995.80) and Article 9 (commencing with Section 13995.90) except that, as to Article 8, either the county or the county treasurer/tax collector, as designated in this article, shall act in the place of the Secretary of Business, Transportation and Housing in all respects. 13995.117. A business is exempt from the assessments provided for in this chapter if the business is a travel agency or tour operator that derives less than 20 percent of its gross revenue from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may pay the assessment by filing a written request with the commission indicating its desire to be categorized as an assessed business. 13995.118. This article shall become operative only upon adoption by the Los Angeles County Board of Supervisors of a resolution by majority vote making the provisions of this article applicable in that county. CHAPTER 2. MANUFACTURING TECHNOLOGY PROGRAM 13996. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) "Agency" means the Business, Transportation and Housing Agency. (b) "Consortia" means jointly funded or jointly operated nonprofit independent research and development organizations. "Consortia development" means the establishment of consortia to manage and fund a variety of projects within a specific technology or industry priority. (c) "Industry association" means a nonprofit organization with a substantial presence in California whose membership consists in whole or in part of California-based companies, and whose funding is derived in whole or in part from California-based companies. (d) "Manufacturing technology" means the assessment and implementation of strategies designed to enhance the competitiveness and viability of specific manufacturing industries. (e) "Secretary" means the Secretary of Business, Transportation and Housing. (f) "Strategic technology" means the utilization of technology as an economic development tool. (g) "Technology planning" means industry specific alliances to identify planning strategies and strategic alliances. (h) "Technology transfer" means the movement of the results of applied technology or scientific research to the design development and production of new or improved products, services, or processes, including the utilization of results of a military or defense-related technology to the development or production of commercial applications. 13996.1. The agency shall adopt regulations to implement the programs authorized in this chapter. The agency shall adopt these regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1, and for purposes of that chapter, including Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1, the regulations shall be repealed within 180 days after their effective date, unless the agency complies with Chapter 3.5 (commencing with Section 11340) of Part 1 as provided in subdivision (e) of Section 11346.1. 13996.2. There is hereby established within the agency the Manufacturing Technology Program. The program shall provide matching grants and technical assistance to California nonprofit organizations and public agencies to perform one or more of the following functions: (a) Establish and fund a California manufacturers excellence program. (b) Develop and disseminate an inventory of resources available to assist manufacturers. (c) Implement a strategy for addressing needs identified in the statewide California Manufacturing Excellence Program Plan, given available resources. (d) Projects resulting in consortia partnership or alliances for manufacturing technology. 13996.3. The program shall award grants based upon a competitive application process addressing the project's eligibility, a review of the proposal's scientific and technological aspects, and ability to fulfill the goals of the program. Priority in awarding grants shall be given to those projects that will use the grant funds as matching funds for a federal grant, projects with additional sources of funding, projects involving geographic areas or manufacturing segments targeted by the agency, and projects satisfying any other criteria developed by the agency. An example of a project is a joint effort by federal laboratories, universities, and private companies to research and develop advanced manufacturing technologies that would significantly reduce the health, safety, and environmental hazards of an existing manufacturing process. CHAPTER 3. ECONOMIC DEVELOPMENT 13997. (a) The Secretary of Business, Transportation and Housing may accept private sector moneys in an amount not in excess of ten thousand dollars ($10,000) per donation made to the state for the purposes of promoting international trade and investment, subject to Title 9 (commencing with Section 81000), and not in excess of a total of ten thousand dollars ($10,000) per quarter per donor. All private sector moneys shall be used for these purposes but the donor may specify the international trade and investment office or international trade or investment event for which the private sector money shall be used. The private sector moneys shall be deposited into the Economic Development and Trade Promotion Account, which is hereby established in the Special Deposit Fund in the State Treasury. The secretary may expend moneys in the account, without regard to fiscal years, for the purposes of this section. Moneys in the Economic Development and Trade Promotion Account may be allocated to an international trade and investment office, and if so allocated shall be maintained by that office in an account. Notwithstanding any other provision of law, the secretary may use the private sector moneys for expenses incurred to promote international trade and investment that will directly benefit California business. Records of donations received and expenditures made pursuant to this section shall be subject to public disclosure. (b) The international trade and investment office using the funds shall memorialize the payment in a written record as follows: (1) Identifies the donor and the official or officials receiving or using the payment. (2) Describes the official agency use and the nature and amount of each payment. (3) Is filed with the Business, Transportation and Housing Agency that maintains the records of the agency's statements of economic interests, and the filing is done within 30 days of the receipt of the payment by the agency. (c) Nothing in this section shall affect any requirement of the Political Reform Act (Title 9 (commencing with Section 81000)). 13997.1. (a) The Governor shall instruct the Secretary of Business, Transportation and Housing to establish, on a contract basis, an international trade and investment office in Yerevan, in the Republic of Armenia, to serve the region of Eastern Europe and Western Asia. (b) The secretary shall report to the Legislature on the success of the international trade and investment office in Yerevan no later than March 1, 2005. The report shall include, but not be limited to, all of the following: (1) The level of investment and tourism directed to California as a direct result of the international trade and investment office. (2) The level of imports sent to California as a direct result of the international trade and investment office. (3) The level of California exports sent to the region of Eastern Europe and Western Asia as a direct result of the international trade and investment office. (4) A cost-benefit analysis of the international trade and investment office. (5) An analysis of the costs and outcomes of the international trade and investment office compared with those of the other international trade and investment offices. (c) This section shall be implemented only to the extent that funds are available to the Business, Transportation and Housing Agency for this purpose from any source, including, but not limited to, federal funding and private donations authorized pursuant to Section 13397. Private donations made pursuant to Section 13397 and specified for the international trade and investment office in Yerevan shall be deposited in a separate subaccount within the Economic Development and Trade Promotion Account and may be used only for the operation of this office. (d) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. SEC. 1.7. Section 14669.21 of the Government Code is amended to read: 14669.21. (a) The Director of the Department of General Services is authorized to acquire, develop, design, and construct, according to plans and specifications approved by the Los Angeles Regional Crime Laboratory Facility Authority, an approximately 200,000 gross square foot regional criminal justice laboratory, necessary infrastructure, and related surface parking to accommodate approximately 600 cars on the Los Angeles campus of the California State University. In accordance with this authorization, the director is authorized to enter into any agreements, contracts, leases, or other documents necessary to effectuate and further the transaction. Further, the Los Angeles Regional Crime Laboratory Facility Authority is authorized to assign, and the director is authorized to accept, all contracts already entered into by the Los Angeles Regional Crime Laboratory Facility Authority for the development and design of this project. It is acknowledged that these contracts will have to be modified to make them consistent with the standards for state projects. The director is additionally authorized to enter into a long-term ground lease for 75 years with the Trustees of the California State University for the land within the Los Angeles campus on which the project is to be constructed. At the end of the ground lease term, unencumbered title to the land shall return to the trustees and, at the option of the trustees, ownership of any improvements constructed pursuant to this section shall vest in the trustees. The trustees are authorized and directed to fully cooperate and enter into a ground lease with the Department of General Services upon the terms and conditions that will facilitate the financing of this project by the State Public Works Board. The trustees shall obtain concurrence from the Los Angeles Regional Crime Laboratory Facility Authority in the development of the long-term ground lease referenced in this section. In his or her capacity, the director is directed to obtain concurrence and approval from the trustees relating to the design and construction of the facility consistent with the trustees' reasonable requirements. (b) The State Public Works Board is authorized to issue lease revenue bonds, negotiable notes, or negotiable bond anticipation notes pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) for the acquisition, development, design, and construction of the regional crime laboratory as described in this section. The project shall be acquired, developed, designed, and constructed on behalf of the State Public Works Board and the agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code by the Department of General Services in accordance with state laws applicable to state projects provided, however, that the contractor prequalification specified in Section 20101 of the Public Contract Code may be utilized. For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) the agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code is the lead agency, and the trustees, acting through California State University at Los Angeles, and the Los Angeles Regional Crime Laboratory Facility Authority are responsible agencies. (c) The State Public Works Board and the agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code may borrow funds for project costs from the Pooled Money Investment Account, pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event the bonds authorized by this section for the project are not sold, the agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code shall commit a sufficient amount of its support appropriation to repay any loans made for the project. (d) The amount of lease revenue bonds, negotiable notes, or negotiable bond anticipation notes to be issued by the State Public Works Board shall not exceed ninety-two million dollars ($92,000,000) and any additional sums necessary to pay interim and permanent financing costs. The additional sums may also include interest and a reasonably required reserve fund. This amount includes additional estimated project costs associated with reformatting the initial local assistance appropriation into a state managed and constructed regional crime laboratory project. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code may execute a contract with the State Public Works Board for the lease of the regional crime laboratory facilities described in this section that are financed with the proceeds of the board's bonds. Further, and notwithstanding any other provision of law, the agency or agencies designated by the Director of Finance pursuant to Section 13820 of the Penal Code is authorized to enter into contracts and subleases with the trustees, the Los Angeles Regional Crime Laboratory Facility Authority, the Department of Justice, and any other appropriate state or local agency, with the consent of the State Public Works Board and the Department of General Services, for the use, maintenance, and operation of the financed regional crime laboratory facilities described in this section. (f) When all of the bonds or notes authorized pursuant to subdivision (d) have been paid in full or provided for in accordance with their terms, notwithstanding any other provision of law, the Department of General Services shall assign the ground lease entered into pursuant to subdivision (a) to the Los Angeles Regional Crime Laboratory Facility Authority or its successor agency. At that time, the ground lease may be amended as agreed to by the trustees and the Los Angeles Regional Crime Laboratory Facility Authority or its successor agency. SEC. 1.8. Part 6.7 (commencing with Section 15310) of Division 3 of Title 2 of the Government Code is repealed. SEC. 1.9. Part 10.2 (commencing with Section 15710) is added to Division 3 of Title 2 of the Government Code, to read: PART 10.2. LOANS FOR REPLACEMENT, REMOVAL, OR UPGRADING OF UNDERGROUND STORAGE TANKS 15710. (a) Upon the effective date of the repeal of Chapter 8.5 (commencing with Section 15399.10), all money remaining in the Petroleum Underground Storage Tank Financing Account and all subsequent loan repayments shall revert to the Underground Storage Tank Cleanup Fund in the General Fund, except that the interest earnings specified in former Section 15399.20, as that section read on the date that it was repealed, that are necessary to support the administrative costs associated with the collection of outstanding loan amounts, shall remain with the Petroleum Underground Storage Tank Financing Account and may be expended by the State Water Resources Control Board for those costs. (b) The inoperation and repeal of Chapter 8.5 (commencing with Section 15399.10) shall not terminate the following obligations or authorities necessary to administer the obligations until all of the following obligations are satisfied: (1) The payment of claims filed prior to the date that Chapter 8.5 (commencing with Section 15399.10) becomes inoperative, against the Underground Storage Tank Cleanup Fund pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code, until the money in the fund is exhausted. Upon exhaustion of the Underground Storage Tank Cleanup Fund, any remaining claims shall be invalid. (2) The repayment of loans, outstanding as of the date that Chapter 8.5 (commencing with Section 15399.10) becomes inoperative, due and payable to the State Water Resources Control Board under the terms of that former chapter. (3) The resolution of any cost recovery action filed prior to the date that Chapter 8.5 (commencing with Section 15399.10) becomes inoperative, pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code. SEC. 2. Section 63021 of the Government Code is amended to read: 63021. (a) There is within the Business, Transportation and Housing Agency the Infrastructure and Economic Development Bank which shall be responsible for administering this division. (b) The bank shall be under the direction of an executive director appointed by the Governor, and who shall serve at the pleasure of the Governor. The appointment shall be subject to confirmation by the Senate. SEC. 2.1. Section 63024 of the Government Code is amended to read: 63024. The executive director may contract with the Business, Transportation and Housing Agency, the Department of Finance, the State Department of Health Services, the Department of Transportation, the Department of Water Resources, the California Integrated Waste Management Board, the State Water Resources Control Board, the Governor's Office of Planning and Research, and any other necessary agencies, persons, or firms to enable the agency to properly perform the duties imposed by this division. SEC. 2.3. Part 14 (commencing with Section 37980) is added to Division 24 of the Health and Safety Code, to read: PART 14. CALIFORNIA DEFENSE RETENTION AND CONVERSION 37980. This part shall be known and may be cited as the California Defense Retention and Conversion Act of 1999. 37981. The Legislature finds and declares as follows: (a) For over half a century, California's industries, universities, businesses, and workers have contributed to our nation' s defense, utilizing their capital, talents, and skills to develop and bring to production important new technologies and advanced weapons systems, aircraft, and missiles. (b) Defense spending in California peaked at sixty billion dollars ($60,000,000,000) in 1988. Since then, it has decreased by 16 percent with the resulting loss of 126,000 jobs. The Commission on State Finance projected a further 22 percent reduction to thirty-seven billion dollars ($37,000,000,000) in 1997, with a loss of another 81,000 jobs. California is expected to experience the most severe impact of defense cuts since 1994. (c) California has experienced four rounds of base closures resulting in the closure or realignment of 29 bases since 1988. Additional bases may be considered for closure in future closure rounds. (d) California lost more federal payroll jobs from its 29 military base closures under rounds one to four, inclusive, than all of the rest of the states put together. The reduced military payroll, including military and civilian employees, in California is approximately 101,000 jobs. About 300,000 private sector defense industry jobs in California have been lost. (e) California needs a focused, coordinated defense retention and conversion program within the state in order to protect the existing defense installations and facilities within the state and to assist those communities that have experienced an installation's closing. (f) Currently, there are over 300,000 active duty and civilian defense personnel in California. (g) The direct Department of Defense expenditures in California are over thirty billion dollars ($30,000,000,000) for employees, contracts, and capital investment. (h) California has over 36 major and 25 minor active military installations. (i) The Department of Defense pays ten million dollars ($10,000,000) annually in fees, permits, and licenses within the state. (j) Having been the leader in the nation's defense effort, the state must now also assume the role as leader in defending existing military installations within its borders. That role will require a coordinated effort to ensure that California promotes the necessity of existing defense facilities, assist local governments and organizations in planning retention efforts, and design and implement a single unified plan for active defense retention efforts on the federal level. (k) It is the intent of the Legislature that the state's role in defense retention, conversion, and military base reuse be consolidated in the Department of Housing and Community Development. 37982. The Legislature recognizes the potential for federal legislation to close additional military installations nationwide. In an effort to be proactive in retaining these facilities within California that are necessary for the defense of the nation and to provide for a single, focused defense of these installations, the California Defense Retention and Conversion Council is hereby created in the Department of Housing and Community Development. 37983. The California Defense Retention and Conversion Council shall consist of the following members, who shall be appointed as follows: (a) The Governor shall have 11 appointees, who may include, but are not limited to, the following: (1) The Director of Housing and Community Development, or his or her designee. (2) The Secretary of Environmental Protection, or his or her designee. (3) The Director of Employment Development, or his or her designee. (4) The Director of Planning and Research, or his or her designee. (5) The Director of the Energy Resources, Conservation and Development Commission, or his or her designee. (6) The Director of Transportation, or his or her designee. (7) The Director of the Employment Training Panel, or his or her designee. (8) The Secretary of Resources, or his or her designee. (9) A member who is an elected public official from local government representing a community with an active defense installation. (10) A member who is an elected public official from local government representing a community with a closed defense installation. (11) A public member selected at large. (b) The Speaker of the Assembly shall have two appointees who may include, but are not limited to, members representing labor, business, or local government. (c) The Senate Committee on Rules shall have two appointees who may include, but are not limited to, members representing labor, business, or local government. (d) Nonvoting members, to consist of all of the following: (1) At his or her option, the President of the University of California, or his or her designee. (2) The Chancellor of the California State University, or his or her designee. (3) The Chancellor of the California Community Colleges, or his or her designee. (4) The Speaker of the Assembly, or his or her designee. (5) The President pro Tempore of the Senate, or his or her designee. (6) At the request of the Governor, a flag officer, or his or her designee, from each branch of the United States Armed Forces representing a mission or installation in California to serve as a liaison to the council. 37984. (a) The Director of Housing and Community Development shall serve as chairperson of the council. (b) The Office of Military Base Retention shall provide staff support to the council. (c) It shall be the purpose of the council to provide a central clearinghouse for all defense retention, conversion, and base reuse activities in the state. 37985. The council shall do all of the following: (a) Develop and recommend to the Governor and the Legislature a strategic plan for state and local defense retention and conversion efforts. The plan shall address the state's role in assisting communities with potential base closures and those impacted by previous closures. The council may coordinate with other state agencies, local groups, and interested organizations on this strategic plan to retain current Department of Defense installations, facilities, bases, and related civilian activities. The opportunity shall be provided for public review and comments on the strategic plan prior to submission to the Governor and the Legislature. Notwithstanding Section 7550.5 of the Government Code, the plan shall be submitted to the Governor and the Legislature on or before December 1, 2000. (b) Conduct outreach to entities and parties involved in defense retention and conversion across the state and provide a network to facilitate assistance and coordination for all defense retention and conversion activities within the state. (c) Help develop and coordinate state retention advocacy efforts on the federal level. (d) (1) Conduct an evaluation of existing state retention and conversion programs and provide the Legislature recommendations on the continuation of existing programs, including, but not limited to, the possible elimination or alteration of those programs. Notwithstanding Section 7550.5 of the Government Code, this evaluation shall be transmitted to the Legislature on or before November 1, 2000, and again on or before November 1, 2003. (2) The council may provide recommendations to the Legislature on the necessity of new programs for defense retention and adequate funding levels. (e) Utilize and update the plan prepared by the Defense Conversion Council as it existed on December 31, 1998, to minimize California's loss of bases and jobs in future rounds of base closures. This plan shall include, but not be limited to, all of the following: (1) Identification of major installations in California. (2) Determination of how best to defend existing bases and base employment in this state. (3) Coordination with communities that may face base closures. (4) Development of data and analyses on bases in this state. (5) Coordination with the congressional delegation, the Legislature, and the Governor. With the consent of the appropriate authority, the council may temporarily borrow technical, policy, and administrative staff from other state agencies, including the Legislature. (f) Where funds and resources are available, the council may undertake all of the following activities: (1) Provide a central clearinghouse for all base retention or conversion assistance activities, including, but not limited to, employee training programs and regulation review and permit streamlining. (2) Provide technical assistance to communities with potential or existing base closure activities. (3) Provide a central clearinghouse for all defense retention and conversion funding, regulations, and application procedures for federal or state grants. (4) Serve as a central clearinghouse for input and information, including needs, issues, and recommendations from businesses, industry representatives, labor, local government, and communities relative to retention and conversion efforts. (5) Identify available state and federal resources to assist businesses, workers, communities, and educational institutions that may have a stake in retention and conversion activities. (6) Provide one-stop coordination, maintain and disseminate information, standardize state endorsement procedures, and develop fast-track review procedures for proposals seeking state funds to match federal defense conversion funding programs. (7) Maintain and establish data bases in such fields as defense-related companies, industry organization proposals for the state and federal defense industry, community assistance, training, and base retention, and provide electronic access to the data bases. 35987. (a) The council shall meet at the times and in places it deems necessary, but no less than once a quarter. Whenever possible, meetings shall be held in Sacramento in state facilities. (b) Under no circumstances shall the council permit absentee or proxy voting at any of its proceedings. However, a vote by a designee, as provided in paragraphs (1) to (8), inclusive, of subdivision (a), and paragraphs (1) to (5), inclusive, of subdivision (d), of Section 37983, shall not be construed to be an absentee or proxy vote under this subdivision. (c) Council members may receive reimbursement for travel costs directly related to council attendance if funding is available. (d) The council shall apply for grants and may seek contributions from private industry to fund its operations. (e) The council shall actively solicit and accept funds from industry, foundations, or other sources to promote and fund research and development of dual technologies, to identify alternative applications of military technologies, to initiate market research for identifying possible defense conversion products, to establish worker and business training programs, and to operate pilot projects to evaluate and demonstrate useful approaches. These efforts should be coordinated with the regional technology alliances. 35988. In addition to the duties specified in Section 37985, the council shall do all of the following: (a) At the request of a council member and upon majority vote of the council, the council may review actions or programs by state agencies that may affect military base retention and reuse and offer comments or suggest changes to better integrate these actions or programs into the overall state strategic plan required pursuant to subdivision (a) of Section 37985. (b) The council shall prepare a study considering strategies for the long-term protection of lands adjacent to military bases from development that would be incompatible with the continuing missions of those bases. The study shall include the effects of local land use encroachment, environmental impact considerations, and population growth issues. The study shall recommend basic criteria to assist local governments in identifying lands where incompatible development may adversely impact the long-term missions of these bases. The study shall also identify potential mechanisms, including recommendations for changes in law at the local or state level, to address these issues. In conducting this study, the council may use the Naval Air Station at Lemoore and Edwards Air Force Base as case studies. The council shall hold public hearings on this study, including at least one in the vicinity of either Lemoore or Edwards. Notwithstanding Section 7550.5 of the Government Code, the council shall prepare and submit to the Governor and the Legislature by November 30, 2000, a report on this study with any recommendations. 35989. The Department of Housing and Community Development with input and assistance from the council, shall establish a Defense Retention Grant Program to grant funds to communities with military bases to assist them in developing a retention strategy. The agency may use grant criteria similar to those for existing defense conversion grant programs as a basis for developing the new grant program. To discourage multiple grant applications for individual defense installations in a region, the criteria shall be drafted to encourage a single application for grant funds to develop, where appropriate, a single, regional defense retention strategy. The structure, requirements, administration, and funding procedures of the grant program shall be submitted to the Legislature for review at least 90 days prior to making the first grant disbursement. The agency may make no grant award without the local community providing at least 50 percent or more in matching funds or in-kind services. 35990. The Department of Housing and Community Development shall adopt regulations to implement the programs authorized in this chapter. The agency shall adopt these regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the regulations shall be repealed within 180 days after their effective date, unless the agency complies with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code as provided in subdivision (e) of Section 11346.1 of the Government Code. 35991. This part shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. SEC. 2.4. Section 273.82 of the Penal Code is amended to read: 273.82. Spousal abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 273.83. Enhanced prosecution efforts and resources shall include, but not be limited to, all of the following: (a) (1) Vertical prosecutorial representation, whereby the prosecutor who, or prosecution unit that, makes all major court appearances on that particular case through its conclusion, including bail evaluation, preliminary hearing, significant law and motion litigation, trial, and sentencing. (2) Vertical counselor representation, whereby a trained domestic violence counselor maintains liaison from initial court appearances through the case's conclusion, including the sentencing phase. (b) The assignment of highly qualified investigators and prosecutors to spousal abuser cases. "Highly qualified" for the purposes of this chapter means any of the following: (1) Individuals with one year of experience in the investigation and prosecution of felonies. (2) Individuals with at least two years of experience in the investigation and prosecution of misdemeanors. (3) Individuals who have attended a program providing domestic violence training as approved by the agency or agencies designated by the Director of Finance pursuant to Section 13820 or the Department of Justice. (c) A significant reduction of caseloads for investigators and prosecutors assigned to spousal abuser cases. (d) Coordination with local rape victim counseling centers, spousal abuse services programs, and victim-witness assistance programs. That coordination shall include, but not be limited to: referrals of individuals to receive client services; participation in local training programs; membership and participation in local task forces established to improve communication between criminal justice system agencies and community service agencies; and cooperating with individuals serving as liaison representatives of local rape victim counseling centers, spousal abuse victim programs, and victim-witness assistance programs. SEC. 2.5. Section 999c of the Penal Code is amended to read: 999c. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for district attorneys' offices, designated the California Career Criminal Prosecution Program. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of that agency or agencies in consultation with the California Council on Criminal Justice, and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. (b) The executive director of that agency or agencies is authorized to allocate and award funds to counties in which career criminal prosecution units are established in substantial compliance with the policies and criteria set forth below in Sections 999d, 999e, 999f, and 999g. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Career Criminal Prosecution Program, be made available to support the prosecution of felony cases. Funds available under this program shall not be subject to review as specified in Section 14780 of the Government Code. SEC. 3. Section 999j of the Penal Code is amended to read: 999j. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for district attorneys' offices, designated the Repeat Sexual Offender Prosecution Program. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 3820 for the purposes of this chapter shall be administered and disbursed by the executive director of that agency or agencies, and shall to the greatest extent feasible, be coordinated or consolidated with any federal or local funds that may be made available for these purposes. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall establish guidelines for the provision of grant awards to proposed and existing programs prior to the allocation of funds under this chapter. These guidelines shall contain the criteria for the selection of agencies to receive funding, as developed in consultation with an advisory group to be known as the Repeat Sexual Offender Prosecution Program Steering Committee. The membership of the Steering Committee shall be designated by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820. A draft of the guidelines shall be developed and submitted to the Chairpersons of the Assembly Criminal Law and Public Safety Committee and the Senate Judiciary Committee within 60 days of the effective date of this chapter and issued within 90 days of the same effective date. These guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants pursuant to statutory authority. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (b) The executive director is authorized to allocate and award funds to counties in which repeat sexual offender prosecution units are established or are proposed to be established in substantial compliance with the policies and criteria set forth below in Sections 999k, 999l, and 999m. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Repeat Sexual Offender Prosecution Program, be made available to support the prosecution of repeat sexual offender felony cases. Local grant awards made under this program shall not be subject to review as specified in Section 14780 of the Government Code. SEC. 4. Section 999k of the Penal Code is amended to read: 999k. Repeat sexual offender prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 999l. Enhanced prosecution efforts and resources shall include, but not be limited to: (a) Vertical prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance in a repeat sexual offender case will perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase. (b) The assignment of highly qualified investigators and prosecutors to repeat sexual offender cases. "Highly qualified" for the purposes of this chapter shall be defined as: (1) individuals with one year of experience in the investigation and prosecution of felonies or specifically the felonies listed in subdivision (a) of Section 999l; or (2) individuals whom the district attorney has selected to receive training as set forth in Section 13836; or (3) individuals who have attended a program providing equivalent training as approved by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (c) A significant reduction of caseloads for investigators and prosecutors assigned to repeat sexual offender cases. (d) Coordination with local rape victim counseling centers, child abuse services programs, and victim witness assistance programs. Coordination shall include, but not be limited to: referrals of individuals to receive client services; participation in local training programs; membership and participation in local task forces established to improve communication between criminal justice system agencies and community service agencies; and cooperating with individuals serving as liaison representatives of local rape victim counseling centers and victim witness assistance programs. SEC. 5. Section 999n of the Penal Code is amended to read: 999n. (a) The selection criteria set forth in Section 999l shall be adhered to for each repeat sexual offender case unless, in the reasonable exercise of prosecutor's discretion, extraordinary circumstances require departure from those policies in order to promote the general purposes and intent of this chapter. (b) Each district attorney's office establishing a repeat sexual offender prosecution unit and receiving state support under this chapter shall submit the following information, on a quarterly basis, to the agency or agencies designated by the Director of Finance pursuant to Section 13820: (1) The number of sexual assault cases referred to the district attorney's office for possible filing. (2) The number of sexual assault cases filed for felony prosecution. (3) The number of sexual assault cases taken to trial. (4) The percentage of sexual assault cases tried which resulted in conviction. SEC. 6. Section 999p of the Penal Code is amended to read: 999p. The agency or agencies designated by the Director of Finance pursuant to Section 13820 is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter. SEC. 7. Section 999r of the Penal Code is amended to read: 999r. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for district attorneys' offices, designated the Child Abuser Prosecution Program. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of that agency or agencies, and shall to the greatest extent feasible, be coordinated or consolidated with any federal or local funds that may be made available for these purposes. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall establish guidelines for the provision of grant awards to proposed and existing programs prior to the allocation of funds under this chapter. These guidelines shall contain the criteria for the selection of agencies to receive funding and the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants pursuant to statutory authority. The guidelines shall not constitute rules, regulations, orders, or standards of general application. The guidelines shall be submitted to the appropriate policy committees of the Legislature prior to their adoption. (b) The executive director is authorized to allocate and award funds to counties in which child abuser offender prosecution units are established or are proposed to be established in substantial compliance with the policies and criteria set forth below in Sections 999s, 999t, and 999u. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Child Abuser Prosecution Program, be made available to support the prosecution of child abuser felony cases. Local grant awards made under this program shall not be subject to review as specified in Section 14780 of the Government Code. SEC. 8. Section 999s of the Penal Code is amended to read: 999s. Child abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 999t. Enhanced prosecution efforts and resources shall include, but not be limited to: (a) Vertical prosecutorial representation, whereby the prosecutor who, or prosecution unit which, makes the initial filing or appearance in a case performs all subsequent court appearances on that particular case through its conclusion, including the sentencing phase. (b) The assignment of highly qualified investigators and prosecutors to child abuser cases. "Highly qualified" for the purposes of this chapter means: (1) individuals with one year of experience in the investigation and prosecution of felonies or specifically the felonies listed in subdivision (a) of Section 999l or 999t; or (2) individuals whom the district attorney has selected to receive training as set forth in Section 13836; or (3) individuals who have attended a program providing equivalent training as approved by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (c) A significant reduction of caseloads for investigators and prosecutors assigned to child abuser cases. (d) Coordination with local rape victim counseling centers, child abuse services programs, and victim witness assistance programs. That coordination shall include, but not be limited to: referrals of individuals to receive client services; participation in local training programs; membership and participation in local task forces established to improve communication between criminal justice system agencies and community service agencies; and cooperating with individuals serving as liaison representatives of child abuse and child sexual abuse programs, local rape victim counseling centers and victim witness assistance programs. SEC. 9. Section 999v of the Penal Code is amended to read: 999v. (a) The selection criteria set forth in Section 999t shall be adhered to for each child abuser case unless, in the reasonable exercise of prosecutor's discretion, extraordinary circumstances require departure from those policies in order to promote the general purposes and intent of this chapter. (b) Each district attorney's office establishing a child abuser prosecution unit and receiving state support under this chapter shall submit the following information, on a quarterly basis, to the agency or agencies designated by the Director of Finance pursuant to Section 13820: (1) The number of child abuser cases referred to the district attorney's office for possible filing. (2) The number of child abuser cases filed for felony prosecution. (3) The number of sexual assault cases taken to trial. (4) The number of child abuser cases tried which resulted in conviction. SEC. 10. Section 999x of the Penal Code is amended to read: 999x. The agency or agencies designated by the Director of Finance pursuant to Section 13820 is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter. SEC. 11. Section 999y of the Penal Code is amended to read: 999y. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall report annually to the Legislature concerning the program established by this chapter. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall prepare and submit to the Legislature on or before December 15, 2002, and within six months of the completion of subsequent funding cycles for this program, an evaluation of the Child Abuser Prosecution Program. This evaluation shall identify outcome measures to determine the effectiveness of the programs established under this chapter, which shall include, but not be limited to, both of the following, to the extent that data is available: (a) Child abuse conviction rates of Child Abuser Prosecution Program units compared to those of nonfunded counties. (b) Quantification of the annual per capita costs of the Child Abuser Prosecution Program compared to the costs of prosecuting child abuse crimes in nonfunded counties. SEC. 12. Section 1174.2 of the Penal Code is amended to read: 1174.2. (a) Notwithstanding any other law, the unencumbered balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall revert to the unappropriated surplus of the 1990 Prison Construction Fund. The sum of fifteen million dollars ($15,000,000) is hereby appropriated to the Department of Corrections from the 1990 Prison Construction Fund for site acquisition, site studies, environmental studies, master planning, architectural programming, schematics, preliminary plans, working drawings, construction, and long lead and equipment items for the purpose of constructing facilities for pregnant and parenting women's alternative sentencing programs. These funds shall not be expended for any operating costs, including those costs reimbursed by the department pursuant to subdivision (c) of Section 1174.3. Funds not expended pursuant to this chapter shall be used for planning, construction, renovation, or remodeling by, or under the supervision of, the Department of Corrections, of community-based facilities for programs designed to reduce drug use and recidivism, including, but not limited to, restitution centers, facilities for the incarceration and rehabilitation of drug offenders, multipurpose correctional centers, and centers for intensive programs for parolees. These funds shall not be expended until legislation authorizing the establishment of these programs is enacted. If the Legislature finds that the Department of Corrections has made a good faith effort to site community-based facilities, but funds designated for these community-based facilities are unexpended as of January 1, 1998, the Legislature may appropriate these funds for other Level I housing. (b) The Department of Corrections shall purchase, design, construct, and renovate facilities in counties or multicounty areas with a population of more than 450,000 people pursuant to this chapter. The department shall target for selection, among other counties, Los Angeles County, San Diego County, and a bay area, central valley, and an inland empire county as determined by the Director of Corrections. The department, in consultation with the State Department of Alcohol and Drug Programs, shall design core alcohol and drug treatment programs, with specific requirements and standards. Residential facilities shall be licensed by the State Department of Alcohol and Drug Programs in accordance with provisions of the Health and Safety Code governing licensure of alcoholism or drug abuse recovery or treatment facilities. Residential and nonresidential programs shall be certified by the State Department of Alcohol and Drug Programs as meeting its standards for perinatal services. Funds shall be awarded to selected agency service providers based upon all of the following criteria and procedures: (1) A demonstrated ability to provide comprehensive services to pregnant women or women with children who are substance abusers consistent with this chapter. Criteria shall include, but not be limited to, each of the following: (A) The success records of the types of programs proposed based upon standards for successful programs. (B) Expertise and actual experience of persons who will be in charge of the proposed program. (C) Cost-effectiveness, including the costs per client served. (D) A demonstrated ability to implement a program as expeditiously as possible. (E) An ability to accept referrals and participate in a process with the probation department determining eligible candidates for the program. (F) A demonstrated ability to seek and obtain supplemental funding as required in support of the overall administration of this facility from any county, state, or federal source that may serve to support this program, including the State Department of Alcohol and Drug Programs, the agency or agencies designated by the Director of Finance pursuant to Section 13820, the State Department of Social Services, the State Department of Mental Health, or any county public health department. In addition, the agency shall also attempt to secure other available funding from all county, state, or federal sources for program implementation. (G) An ability to provide intensive supervision of the program participants to ensure complete daily programming. (2) Staff from the department shall be available to selected agencies for consultation and technical services in preparation and implementation of the selected proposals. (3) The department shall consult with existing program operators that are then currently delivering similar program services, the State Department of Alcohol and Drug Programs, and others it may identify in the development of the program. (4) Funds shall be made available by the department to the agencies selected to administer the operation of this program. (5) Agencies shall demonstrate an ability to provide offenders a continuing supportive network of outpatient drug treatment and other services upon the women's completion of the program and reintegration into the community. (6) The department may propose any variation of types and sizes of facilities to carry out the purposes of this chapter. (7) The department shall secure all other available funding for its eligible population from all county, state, or federal sources. (8) Each program proposal shall include a plan for the required 12-month residential program, plus a 12-month outpatient transitional services program to be completed by participating women and children. SEC. 13. Section 1191.21 of the Penal Code is amended to read: 1191.21. (a) (1) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop and make available a "notification of eligibility" card for victims and derivative victims of crimes as defined in subdivision (c) of Section 13960 of the Government Code that includes, but is not limited to, the following information: "If you have been the victim of a crime that meets the required definition, you or others may be eligible to receive payment from the California State Restitution Fund for losses directly resulting from the crime. To learn about eligibility and receive an application to receive payments, call the Victims of Crime Program at (800) 777-9229 or call your local county Victim Witness Assistance Center." (2) At a minimum, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop a template available for downloading on its Internet Web site the information requested in subdivision (b). (b) In a case involving a crime as defined in subdivision (c) of Section 13960 of the Government Code, the law enforcement officer with primary responsibility for investigating the crime committed against the victim and the district attorney may provide the "notification of eligibility" card to the victim and derivative victim of a crime. (c) The terms "victim" and "derivative victim" shall be given the same meaning given those terms in Section 13960 of the Government Code. SEC. 14. Section 6241 of the Penal Code is amended to read: 6241. (a) The Substance Abuse Community Correctional Detention Centers Fund is hereby created within the State Treasury. The Board of Corrections is authorized to provide funds, as appropriated by the Legislature, for the purpose of establishing substance abuse community correctional detention centers. These facilities shall be operated locally in order to manage parole violators, those select individuals sentenced to state prison for short periods of time, and other sentenced local offenders with a known history of substance abuse, and as further defined by this chapter. (b) The facilities constructed with funds disbursed pursuant to this chapter in a county shall contain no less than 50 percent of total beds for use by the Department of Corrections. (1) Upon agreement, the county and the department may negotiate any other mix of state and local bed space, providing the state's proportionate share shall not be less than 50 percent in the portion of the facilities financed through state funding. (2) Nothing in this chapter shall prohibit the county from using county funds or nonrestricted jail bond funds to build and operate additional facilities in conjunction with the centers provided for in this chapter. (c) Thirty million dollars ($30,000,000) in funds shall be provided from the 1990 Prison Construction Fund and the 1990-B Prison Construction Fund, with fifteen million dollars ($15,000,000) each from the June 1990 bond issue and the November 1990 bond issue, for construction purposes set forth in this chapter, provided that funding is appropriated in the state budget from the June and November 1990, prison bond issues for purposes of this chapter. (d) Funds shall be awarded to counties based upon the following policies and criteria: (1) Priority shall be given to urban counties with populations of 450,000 or more, as determined by Department of Finance figures. The board may allocate up to 10 percent of the funding to smaller counties or combinations of counties as pilot projects, if it concludes that proposals meet the requirements of this chapter, commensurate with the facilities and programming that a smaller county can provide. (2) Upon application and submission of proposals by eligible counties, representatives of the board shall evaluate proposals and select recipients. To help ensure that state-of-the-art drug rehabilitation and related programs are designed, implemented, and updated under this chapter, the board shall consult with not less than three authorities recognized nationwide with experience or expertise in the design or operation of successful programs in order to assist the board in all of the following: (A) Drawing up criteria on which requests for proposals will be sought. (B) Selecting proposals to be funded. (C) Assisting the board in evaluation and operational problems of the programs, if those services are approved by the board. Funding also shall be sought by the board from the federal government and private foundation sources in order to defray the costs of the board's responsibilities under this chapter. (3) Preference shall be given to counties that can demonstrate a financial ability and commitment to operate the programs it is proposing for a period of at least three years and to make improvements as proposed by the department and the board. (4) Applicants receiving awards under this chapter shall be selected from among those deemed appropriate for funding according to the criteria, policies, and procedures established by the board. Criteria shall include success records of the types of programs proposed based on nationwide standards for successful programs, if available, expertise and hands-on experience of persons who will be in charge of proposed programs, cost effectiveness, including cost per bed, speed of construction, a demonstrated ability to construct the maximum number of beds which shall result in an overall net increase in the number of beds in the county for state and local offenders, comprehensiveness of services, location, participation by private or community-based organizations, and demonstrated ability to seek and obtain supplemental funding as required in support of the overall administration of this facility from sources such as the Department of Alcohol and Drug Programs, the agency or agencies designated by the Director of Finance pursuant to Section 13820, the National Institute of Corrections, the Department of Justice, and other state and federal sources. (5) Funds disbursed under subdivision (c) shall be used for construction of substance abuse community correctional centers, with a level of security in each facility commensurate with public safety for the types of offenders being housed in or utilizing the facilities. (6) Funds disbursed under this chapter shall not be used for the purchase of the site. Sites shall be provided by the county. However, a participating county may negotiate with the state for use of state land at nearby corrections facilities or other state facilities, provided that the locations fit in with the aims of the programs established by this chapter. The county shall be responsible for ensuring the siting, acquisition, design, and construction of the center consistent with the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (7) Staff of the department and the board, as well as persons selected by the board, shall be available to counties for consultation and technical services in preparation and implementation of proposals accepted by the board. (8) The board also shall seek advice from the Department of Alcohol and Drug Programs in exercising its responsibilities under this chapter. (9) Funds shall be made available to the county and county agency which is selected to administer the program by the board of supervisors of that county. (10) Area of greatest need can be a factor considered in awarding contracts to counties. (11) Particular consideration shall be given to counties that can demonstrate an ability to provide continuing counseling and programming for offenders in programs established under this chapter, once the offenders have completed the programs and have returned to the community. (12) A county may propose a variety of types and sizes of facilities to meet the needs of its plan and to provide the services for varying types of offenders to be served under this chapter. Funds granted to a county may be utilized for construction of more than one facility. Any county wishing to use existing county-owned sites or facilities may negotiate those arrangements with the Department of Corrections and the Board of Corrections to meet the needs of its plan. SEC. 15. Section 11160 of the Penal Code is amended to read: 11160. (a) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b): (1) Any person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm. (2) Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct. (b) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows: (1) A report by telephone shall be made immediately or as soon as practically possible. (2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and Section 11160.2, and adopted by the agency or agencies designated by the Director of Finance pursuant to Section 13820, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person. (3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy. (4) The report shall include, but shall not be limited to, the following: (A) The name of the injured person, if known. (B) The injured person's whereabouts. (C) The character and extent of the person's injuries. (D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person. (c) For the purposes of this section, "injury" shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug. (d) For the purposes of this section, "assaultive or abusive conduct" shall include any of the following offenses: (1) Murder, in violation of Section 187. (2) Manslaughter, in violation of Section 192 or 192.5. (3) Mayhem, in violation of Section 203. (4) Aggravated mayhem, in violation of Section 205. (5) Torture, in violation of Section 206. (6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220. (7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222. (8) Battery, in violation of Section 242. (9) Sexual battery, in violation of Section 243.4. (10) Incest, in violation of Section 285. (11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244. (12) Assault with a stun gun or taser, in violation of Section 244.5. (13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245. (14) Rape, in violation of Section 261. (15) Spousal rape, in violation of Section 262. (16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c. (17) Child abuse or endangerment, in violation of Section 273a or 273d. (18) Abuse of spouse or cohabitant, in violation of Section 273.5. (19) Sodomy, in violation of Section 286. (20) Lewd and lascivious acts with a child, in violation of Section 288. (21) Oral copulation, in violation of Section 288a. (22) Sexual penetration, in violation of Section 289. (23) Elder abuse, in violation of Section 368. (24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive. (e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (f) The reporting duties under this section are individual, except as provided in subdivision (e). (g) No supervisor or administrator shall impede or inhibit the reporting duties required under this section and no person making a report pursuant to this section shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer. (h) For the purposes of this section, it is the Legislature's intent to avoid duplication of information. SEC. 16. Section 11161.2 of the Penal Code is amended to read: 11161.2. (a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack of consistent and comprehensive medical examinations. Enhancing examination procedures, documentation, and evidence collection will improve investigation and prosecution efforts. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall, in cooperation with the State Department of Health Services, the Department of Aging and the ombudsman program, the State Department of Social Services, law enforcement agencies, the Department of Justice, the California Association of Crime Lab Directors, the California District Attorneys Association, the California State Sheriff's Association, the California Medical Association, the California Police Chiefs' Association, domestic violence advocates, the California Medical Training Center, adult protective services, and other appropriate experts: (1) Establish medical forensic forms, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect using as a model the form and guidelines developed pursuant to Section 13823.5. The form should include, but not be limited to, a place for a notation concerning each of the following: (A) Notification of injuries and a report of suspected domestic violence or elder or dependent adult abuse and neglect to law enforcement authorities, Adult Protective Services, or the State Long-Term Care Ombudsmen, in accordance with existing reporting procedures. (B) Obtaining consent for the examination, treatment of injuries, collection of evidence, and photographing of injuries. Consent to treatment shall be obtained in accordance with the usual hospital policy. A victim shall be informed that he or she may refuse to consent to an examination for evidence of domestic violence and elder and dependent adult abuse and neglect, including the collection of physical evidence, but that refusal is not a ground for denial of treatment of injuries and disease, if the person wishes to obtain treatment and consents thereto. (C) Taking a patient history of domestic violence or elder or dependent adult abuse and neglect and other relevant medical history. (D) Performance of the physical examination for evidence of domestic violence or elder or dependent adult abuse and neglect. (E) Collection of physical evidence of domestic violence or elder or dependent adult abuse. (F) Collection of other medical and forensic specimens, as indicated. (G) Procedures for the preservation and disposition of evidence. (H) Complete documentation of medical forensic exam findings. (2) Determine whether it is appropriate and forensically sound to develop separate or joint forms for documentation of medical forensic findings for victims of domestic violence and elder and dependent adult abuse and neglect. (3) The forms shall become part of the patient's medical record pursuant to guidelines established by the agency or agencies designated by the Director of Finance pursuant to Section 13820 advisory committee and subject to the confidentiality laws pertaining to release of medical forensic examination records. (c) The forms shall be made accessible for use on the Internet. SEC. 17. Section 11166.9 of the Penal Code is amended to read: 11166.9. (a) (1) The purpose of this section shall be to coordinate and integrate state and local efforts to address fatal child abuse or neglect, and to create a body of information to prevent child deaths. (2) It is the intent of the Legislature that the California State Child Death Review Council, the Department of Justice, the State Department of Social Services, the State Department of Health Services, and state and local child death review teams shall share data and other information necessary from the Department of Justice Child Abuse Central Index and Supplemental Homicide File, the State Department of Health Services Vital Statistics and the Department of Social Services Child Welfare Services/Case Management System files to establish accurate information on the nature and extent of child abuse or neglect related fatalities in California as those documents relate to child fatality cases. Further, it is the intent of the Legislature to ensure that records of child abuse or neglect related fatalities are entered into the State Department of Social Services, Child Welfare Services/Case Management System. It is also the intent that training and technical assistance be provided to child death review teams and professionals in the child protection system regarding multiagency case review. (b) (1) It shall be the duty of the California State Child Death Review Council to oversee the statewide coordination and integration of state and local efforts to address fatal child abuse or neglect and to create a body of information to prevent child deaths. The Department of Justice, the State Department of Social Services, the State Department of Health Services, the California Coroner's Association, the County Welfare Directors Association, Prevent Child Abuse California, the California Homicide Investigators Association, the agency or agencies designated by the Director of Finance pursuant to Section 13820, the Inter-Agency Council on Child Abuse and Neglect/National Center on Child Fatality Review, the California Conference of Local Health Officers, the California Conference of Local Directors of Maternal, Child, and Adolescent Health, the California Conference of Local Health Department Nursing Directors, the California District Attorneys Association, and at least three regional representatives, chosen by the other members of the council, working collaboratively for the purposes of this section, shall be known as the California State Child Death Review Council. The council shall select a chairperson or cochairpersons from the members. (2) The Department of Justice is hereby authorized to carry out the purposes of this section by coordinating council activities and working collaboratively with the agencies and organizations in paragraph (1), and may consult with other representatives of other agencies and private organizations, to help accomplish the purpose of this section. (c) Meetings of the agencies and organizations involved shall be convened by a representative of the Department of Justice. All meetings convened between the Department of Justice and any organizations required to carry out the purpose of this section shall take place in this state. There shall be a minimum of four meetings per calendar year. (d) To accomplish the purpose of this section, the Department of Justice and agencies and organizations involved shall engage in the following activities: (1) Analyze and interpret state and local data on child death in an annual report to be submitted to local child death review teams with copies to the Governor and the Legislature, no later than July 1 each year. Copies of the report shall also be distributed to public officials in the state who deal with child abuse issues and to those agencies responsible for child death investigation in each county. The report shall contain, but not be limited to, information provided by state agencies and the county child death review teams for the preceding year. The state data shall include the Department of Justice Child Abuse Central Index and Supplemental Homicide File, the State Department of Health Services Vital Statistics, and the State Department of Social Services Child Welfare Services/Case Management System. (2) In conjunction with the agency or agencies designated by the Director of Finance pursuant to Section 13820, coordinate statewide and local training for county death review teams and the members of the teams, including, but not limited to, training in the application of the interagency child death investigation protocols and procedures established under Sections 11166.7 and 11166.8 to identify child deaths associated with abuse or neglect. (e) The State Department of Health Services, in collaboration with the California State Child Death Review Council, shall design, test and implement a statewide child abuse or neglect fatality tracking system incorporating information collected by local child death review teams. The department shall: (1) Establish a minimum case selection criteria and review protocols of local child death review teams. (2) Develop a standard child death review form with a minimum core set of data elements to be used by local child death review teams, and collect and analyze that data. (3) Establish procedural safeguards in order to maintain appropriate confidentiality and integrity of the data. (4) Conduct annual reviews to reconcile data reported to the State Department of Health Services Vital Statistics, Department of Justice Homicide Files and Child Abuse Central Index, and the State Department of Social Services Child Welfare Services/Case Management System data systems, with data provided from local child death review teams. (5) Provide technical assistance to local child death review teams in implementing and maintaining the tracking system. (6) This subdivision shall become operative on July 1, 2000, and shall be implemented only to the extent that funds are appropriated for its purposes in the Budget Act. (f) Local child death review teams shall participate in a statewide child abuse or neglect fatalities monitoring system by: (1) Meeting the minimum standard protocols set forth by the State Department of Health Services in collaboration with the California State Child Death Review Council. (2) Using the standard data form to submit information on child abuse or neglect fatalities in a timely manner established by the State Department of Health Services. (g) The California State Child Death Review Council shall monitor the implementation of the monitoring system and incorporate the results and findings of the system and review into an annual report. (h) The Department of Justice shall direct the creation, maintenance, updating, and distribution electronically and by paper, of a statewide child death review team directory, which shall contain the names of the members of the agencies and private organizations participating under this section, and the members of local child death review teams and local liaisons to those teams. The department shall work in collaboration with members of the California State Child Death Review Council to develop a directory of professional experts, resources, and information from relevant agencies and organizations and local child death review teams, and to facilitate regional working relationships among teams. The Department of Justice shall maintain and update these directories annually. (i) The agencies or private organizations participating under this section shall participate without reimbursement from the state. Costs incurred by participants for travel or per diem shall be borne by the participant agency or organization. The participants shall be responsible for collecting and compiling information to be included in the annual report. The Department of Justice shall be responsible for printing and distributing the annual report using available funds and existing resources. (j) The agency or agencies designated by the Director of Finance pursuant to Section 13820, in coordination with the State Department of Social Services, the Department of Justice, and the California State Child Death Review Council shall contract with state or nationally recognized organizations in the area of child death review to conduct statewide training and technical assistance for local child death review teams and relevant organizations, develop standardized definitions for fatal child abuse or neglect, develop protocols for the investigation of fatal child abuse or neglect, and address relevant issues such as grief and mourning, data collection, training for medical personnel in the identification of child abuse or neglect fatalities, domestic violence fatality review, and other related topics and programs. The provisions of this subdivision shall only be implemented to the extent that the agency or agencies designated by the Director of Finance pursuant to Section 13820 can absorb the costs of implementation within its current funding, or to the extent that funds are appropriated for its purposes in the Budget Act. (k) Law enforcement and child welfare agencies shall cross-report all cases of child death suspected to be related to child abuse or neglect whether or not the deceased child has any known surviving siblings. (l) County child welfare agencies shall create a record in the Child Welfare Services/Case Management System (CWS/CMS) on all cases of child death suspected to be related to child abuse or neglect, whether or not the deceased child has any known surviving siblings. Upon notification that the death was determined not to be related to child abuse or neglect, the child welfare agency shall enter that information into the Child Welfare Services/Case Management System. SEC. 18. Section 11171 of the Penal Code is amended to read: 11171. (a) (1) The Legislature hereby finds and declares that adequate protection of victims of child physical abuse or neglect has been hampered by the lack of consistent and comprehensive medical examinations. (2) Enhancing examination procedures, documentation, and evidence collection relating to child abuse or neglect will improve the investigation and prosecution of child abuse or neglect as well as other child protection efforts. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall, in cooperation with the State Department of Social Services, the Department of Justice, the California Association of Crime Lab Directors, the California State District Attorneys Association, the California State Sheriffs Association, the California Peace Officers Association, the California Medical Association, the California Police Chiefs' Association, child advocates, the California Medical Training Center, child protective services, and other appropriate experts, establish medical forensic forms, instructions, and examination protocol for victims of child physical abuse or neglect using as a model the form and guidelines developed pursuant to Section 19823.5. (c) The form shall include, but not be limited to, a place for notation concerning each of the following: (1) Any notification of injuries or any report of suspected child physical abuse or neglect to law enforcement authorities or children' s protective services, in accordance with existing reporting procedures. (2) Addressing relevant consent issues, if indicated. (3) The taking of a patient history of child physical abuse or neglect that includes other relevant medical history. (4) The performance of a physical examination for evidence of child physical abuse or neglect. (5) The collection or documentation of any physical evidence of child physical abuse or neglect, including any recommended photographic procedures. (6) The collection of other medical or forensic specimens, including drug ingestion or toxication, as indicated. (7) Procedures for the preservation and disposition of evidence. (8) Complete documentation of medical forensic exam findings with recommendations for diagnostic studies, including blood tests and X-rays. (9) An assessment as to whether there are findings that indicate physical abuse or neglect. (c) The forms shall become part of the patient's medical record pursuant to guidelines established by the advisory committee of the agency or agencies designated by the Director of Finance pursuant to Section 13820 and subject to the confidentiality laws pertaining to the release of a medical forensic examination records. (D) The forms shall be made accessible for use on the Internet. SEC. 19. Section 11501 of the Penal Code is amended to read: 11501. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820, a program of financial assistance to provide for statewide programs of education, training, and research for local public prosecutors and public defenders. All funds made available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and distributed by the executive director of the office. (b) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 is authorized to allocate and award funds to public agencies or private nonprofit organizations for purposes of establishing statewide programs of education, training, and research for public prosecutors and public defenders, which programs meet criteria established pursuant to Section 11502. (c) Annually, the executive director shall submit a report to the Legislature describing the operation and accomplishments of the statewide programs authorized by this title. SEC. 20. Section 11502 of the Penal Code is amended to read: 11502. (a) Criteria for selection of education, training, and research programs for local public prosecutors and public defenders shall be developed by the agency or agencies designated by the Director of Finance pursuant to Section 13820 in consultation with an advisory group entitled the Prosecutors and Public Defenders Education and Training Advisory Committee. (b) The Prosecutors and Public Defenders Education and Training Advisory Committee shall be composed of six local public prosecutors and six local public defender representatives, all of whom are appointed by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, who shall provide staff services to the advisory committee. In appointing the members of the committee, the executive director shall invite the Attorney General, the State Public Defender, the Speaker of the Assembly, and the Senate President pro Tempore to participate as ex officio members of the committee. (c) The agency or agencies designated by the Director of Finance pursuant to Section 13820, in consultation with the advisory committee, shall develop specific guidelines including criteria for selection of organizations to provide education, training, and research services. (d) In determining the equitable allocation of funds between prosecution and defense functions, the agency or agencies designated by the Director of Finance pursuant to Section 13820 and the advisory committee shall give consideration to the amount of local government expenditures on a statewide basis for the support of those functions. (e) The administration of the overall program shall be performed by the agency or agencies designated by the Director of Finance pursuant to Section 13820. The office may, out of any appropriation for this program, expend an amount not to exceed 7.5 percent for any fiscal year for those purposes. (f) No funds appropriated pursuant to this title shall be used to support a legislative advocate. (g) To the extent necessary to meet the requirements of the State Bar of California relating to certification of training for legal specialists, the executive director shall insure that, where appropriate, all programs funded under this title are open to all members of the State Bar of California. The program guidelines established pursuant to subdivision (c) shall provide for the reimbursement of costs for all participants deemed eligible by the agency or agencies designated by the Director of Finance pursuant to Section 13820, in conjunction with the Legal Training Advisory Committee, by means of course attendance. SEC. 21. Section 11504 of the Penal Code is amended to read: 11504. To the extent funds are appropriated from the Assessment Fund to the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall allocate financial resources for statewide programs of education, training, and research for local public prosecutors and public defenders. SEC. 22. Section 13100.1 of the Penal Code is amended to read: 13100.1. (a) The Attorney General shall appoint an advisory committee to the California-Criminal Index and Identification (Cal-CII) system to assist in the ongoing management of the system with respect to operating policies, criminal records content, and records retention. The committee shall serve at the pleasure of the Attorney General, without compensation, except for reimbursement of necessary expenses. (b) The committee shall consist of the following representatives: (1) One representative from the California Police Chiefs' Association. (2) One representative from the California Peace Officers' Association. (3) Three representatives from the California State Sheriffs' Association. (4) One trial judge appointed by the Judicial Council. (5) One representative from the California District Attorneys' Association. (6) One representative from the California Court Clerks' Association. (7) One representative from the agency or agencies designated by the Director of Finance pursuant to Section 13820. (8) One representative from the Chief Probation Officers' Association. (9) One representative from the Department of Corrections. (10) One representative from the Department of the California Highway Patrol. (11) One member of the public, appointed by the Senate Committee on Rules, who is knowledgeable and experienced in the process of utilizing background clearances. (12) One member of the public, appointed by the Speaker of the Assembly, who is knowledgeable and experienced in the process of utilizing background clearances. SEC. 23. Section 13800 of the Penal Code is amended to read: 13800. As used in this title: (a) "Council" means the California Council on Criminal Justice. (b) "Office" means the agency or agencies designated by the Director of Finance pursuant to Section 13820. (c) "Local boards" means local criminal justice planning boards. (d) "Federal acts" means the Federal Omnibus Crime Control and Safe Streets Act of 1968, the Federal Juvenile Delinquency Prevention and Control Act of 1968, and any act or acts amendatory or supplemental thereto. SEC. 24. Section 13812 of the Penal Code is amended to read: 13812. Members of the council shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under this title. No compensation or expenses shall be received by the members of any continuing task forces, review committees or other auxiliary bodies created by the council who are not council members, except that persons requested to appear before the council with regard to specific topics on one or more occasions shall be reimbursed for the travel expenses necessarily incurred in fulfilling those requests. The Advisory Committee on Juvenile Justice and Delinquency Prevention appointed by the Governor pursuant to federal law may be reimbursed by the agency or agencies designated by the Director of Finance pursuant to Section 13820 for expenses necessarily incurred by the members. Staff support for the committee will be provided by the agency or agencies designated by the Director of Finance pursuant to Section 13820. SEC. 25. Section 13820 of the Penal Code is repealed. SEC. 26. Section 13820 is added to the Penal Code, to read: 13820. (a) The Office of Criminal Justice Planning is hereby abolished. The Director of Finance shall designate an agency or agencies to carry out the functions of the Office of Criminal Justice Planning in accordance with a plan submitted pursuant to Section 25 of the Budget Act of 2003, and pursuant to subdivision (c). The duties and obligations of that office, and all powers and authority exercised by that office, shall be transferred to and assumed by the agency or agencies so designated. (b) Except for this section, the phrase "Office of Criminal Justice Planning" or any reference to that phrase in this code shall be construed to mean or refer to the agency or agencies designated pursuant to this section. Any reference to the executive director of the Office of Criminal Justice Planning in this code shall be construed to mean the appropriate person in the agency or agencies designated pursuant to this section. (c) Until an agency is designated under subdivision (a), juvenile justice programs administered by the Office of Criminal Justice Planning shall be transferred to the Board of Corrections or other appropriate entity as determined by the Director of Finance, law enforcement programs shall be transferred to the Office of Emergency Services or other appropriate entity as determined by the Director of Finance, and victims' services shall be transferred to the Victim's Compensation and Government Claims Board or other appropriate entity as determined by the Director of Finance. SEC. 27. Section 13821 of the Penal Code is repealed. SEC. 28. Section 13822 of the Penal Code is repealed. SEC. 29. Section 13823 of the Penal Code is amended to read: 13823. (a) In cooperation with local boards, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall: (1) Develop with the advice and approval of the council, the comprehensive statewide plan for the improvement of criminal justice and delinquency prevention activity throughout the state. (2) Define, develop and correlate programs and projects for the state criminal justice agencies. (3) Receive and disburse federal funds, perform all necessary and appropriate staff services required by the council, and otherwise assist the council in the performance of its duties as established by federal acts. (4) Develop comprehensive, unified and orderly procedures to insure that all local plans and all state and local projects are in accord with the comprehensive state plan, and that all applications for grants are processed efficiently. (5) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations or institutions in matters relating to criminal justice and delinquency prevention. (6) Conduct evaluation studies of the programs and activities assisted by the federal acts. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 may: (1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. (2) Perform other functions and duties as required by federal acts, rules, regulations or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. SEC. 30. Section 13823.12 of the Penal Code is amended to read: 13823.12. Failure to comply fully with Section 13823.11 or with the protocol or guidelines, or to utilize the form established by the agency or agencies designated by the Director of Finance pursuant to Section 13820, shall not constitute grounds to exclude evidence, nor shall the court instruct or comment to the trier of fact in any case that less weight may be given to the evidence based on the failure to comply. SEC. 31. Section 13823.13 of the Penal Code is amended to read: 13823.13. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop a course of training for qualified health care professionals relating to the examination and treatment of victims of sexual assault. In developing the curriculum for the course, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall consult with health care professionals and appropriate law enforcement agencies. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall also obtain recommendations from the same health care professionals and appropriate law enforcement agencies on the best means to disseminate the course of training on a statewide basis. (b) The training course developed pursuant to subdivision (a) shall be designed to train qualified health care professionals to do all of the following: (1) Perform a health assessment of victims of sexual assault in accordance with any applicable minimum standards set forth in Section 13823.11. (2) Collect and document physical and laboratory evidence in accordance with any applicable minimum standards set forth in Section 13823.11. (3) Provide information and referrals to victims of sexual assault to enhance the continuity of care of victims. (4) Present testimony in court. (c) As used in this section, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code who works in consultation with a physician and surgeon or who conducts examinations described in Section 13823.9 in a general acute care hospital or in the office of a physician and surgeon. (d) As used in this section, "appropriate law enforcement agencies" may include, but shall not be limited to, the Attorney General of the State of California, any district attorney, and any agency of the State of California expressly authorized by statute to investigate or prosecute law violators. SEC. 32. Section 13823.15 of the Penal Code is amended to read: 13823.15. (a) The Legislature finds the problem of domestic violence to be of serious and increasing magnitude. The Legislature also finds that existing domestic violence services are underfunded and that some areas of the state are unserved. (b) There is in the agency or agencies designated by the Director of Finance pursuant to Section 13820, a Comprehensive Statewide Domestic Violence Program. The goals of the program shall be to provide local assistance to existing service providers, to maintain and expand services based on a demonstrated need, and to establish a targeted or directed program for the development and establishment of domestic violence services in currently unserved and underserved areas. The program shall provide financial and technical assistance to local domestic violence centers in implementing all of the following services: (1) Twenty-four-hour crisis hotlines. (2) Counseling. (3) Business centers. (4) Emergency "safe" homes or shelters for victims and families. (5) Emergency food and clothing. (6) Emergency response to calls from law enforcement. (7) Hospital emergency room protocol and assistance. (8) Emergency transportation. (9) Supportive peer counseling. (10) Counseling for children. (11) Court and social service advocacy. (12) Legal assistance with temporary restraining orders, devices, and custody disputes. (13) Community resource and referral. (14) Household establishment assistance. Priority for financial and technical assistance shall be given to emergency shelter programs and "safe" homes for victims of domestic violence and their children. (c) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall allocate funds to local centers meeting the criteria for funding that shall be established by the office in consultation with practitioners and experts in the field of domestic violence. All organizations funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment any state funds received pursuant to this section. Centers receiving funding shall provide cash or an in-kind match of at least 10 percent of the funds received pursuant to this section. (d) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall conduct statewide training workshops on domestic violence for local centers, law enforcement, and other service providers designed to enhance service programs. The workshops shall be planned in conjunction with practitioners and experts in the field of domestic violence prevention. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop and disseminate throughout the state information and materials concerning domestic violence. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall also establish a resource center for the collection, retention, and distribution of educational materials related to domestic violence. The agency or agencies designated by the Director of Finance pursuant to Section 13820 may utilize and contract with existing domestic violence technical assistance centers in this state in complying with the requirements of this subdivision. (f) The agency or agencies designated by the Director of Finance pursuant to Section 13820 may hire the support staff and utilize all resources necessary to carry out the purposes of this section. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall not utilize more than 10 percent of any funds appropriated for the purpose of the program established by this section for the administration of that program. SEC. 33. Section 13823.16 of the Penal Code is amended to read: 13823.16. (a) In implementing the Comprehensive Statewide Domestic Violence Program pursuant to Section 13823.15, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall consult with an advisory council. The membership of the Office of Criminal Justice Planning Domestic Violence Advisory Council shall consist of experts in the provision of either direct or intervention services to battered women and their children, within the scope and intention of the Office of Criminal Justice Planning's Domestic Violence Assistance Program. (b) The membership of the council shall consist of domestic violence victims' advocates, battered women service providers, and representatives of women's organizations, law enforcement, and other groups involved with domestic violence. At least one-half of the council membership shall consist of domestic violence victims' advocates or battered women service providers from organizations such as the California Alliance Against Domestic Violence. It is the intent of the Legislature that the council membership reflect the ethnic, racial, cultural, and geographic diversity of the state. The council shall be composed of no more than 13 voting members and two nonvoting members who shall be appointed, as follows: (1) Seven voting members shall be appointed by the Governor. (2) Three voting members shall be appointed by the Speaker of the Assembly. (3) Three voting members shall be appointed by the Senate Committee on Rules. (4) Two nonvoting members shall be Members of the Legislature, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules. Any Member of the Legislature appointed to the council shall meet with the council and participate in its activities to the extent that participation is not incompatible with his or her position as a Member of the Legislature. (c) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall collaborate closely with the council in developing funding priorities, framing the request for proposals, and soliciting proposals. (d) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 34. Section 13823.2 of the Penal Code is amended to read: 13823.2. (a) The Legislature hereby finds and declares all of the following: (1) That violent and serious crimes are being committed against the elderly on an alarmingly regular basis. (2) That in 1985, the United States Department of Justice reported that approximately 1 in every 10 elderly households in the nation would be touched by crime. (3) That the California Department of Justice, based upon limited data received from local law enforcement agencies, reported that approximately 10,000 violent crimes were committed against elderly victims in 1985. (4) That while the elderly may not be the most frequent targets of crime, when they are victimized the impact of each vicious attack has long-lasting effects. Injuries involving, for example, a broken hip may never heal properly and often leave the victim physically impaired. The loss of money used for food and other daily living expenses for these costs may be life-threatening for the older citizen on a fixed income. In addition, stolen or damaged property often cannot be replaced. (5) Although the State of California currently funds programs to provide assistance to victims of crime and to provide general crime prevention information, there are limited specialized efforts to respond directly to the needs of elderly victims or to provide prevention services tailored for the senior population. (b) It is the intent of the Legislature that victim services, crime prevention, and criminal justice training programs funded by the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall include, consistent with available resources, specialized components that respond to the diverse needs of elderly citizens residing in the state. SEC. 35. Section 13823.4 of the Penal Code is amended to read: 13823.4. (a) The Legislature finds the problem of family violence to be of serious and increasing magnitude. The Legislature also finds that acts of family violence often result in other crimes and social problems. (b) There is in the agency or agencies designated by the Director of Finance pursuant to Section 13820, a Family Violence Prevention Program. This program shall provide financial and technical assistance to local domestic and family violence centers in implementing family violence prevention programs. The goals and functions of the program shall include all of the following: (1) Promotion of community involvement through public education geared specifically toward reaching and educating the friends and neighbors of members of violent families. (2) Development and dissemination of model protocols for the training of criminal justice system personnel in domestic violence intervention and prevention. (3) Increasing citizen involvement in family violence prevention. (4) Identification and testing of family violence prevention models. (5) Replication of successful models, as appropriate, through the state. (6) Identification and testing of domestic violence model protocols and intervention systems in major service delivery institutions. (7) Development of informational materials and seminars to enable emulation or adaptation of the models by other communities. (8) Provision of domestic violence prevention education and skills to students in schools. (c) The executive director shall allocate funds to local centers meeting the criteria for funding that shall be established by the agency or agencies designated by the Director of Finance pursuant to Section 13820 in consultation with practitioners and experts in the field of family violence prevention. All centers receiving funds pursuant to this section shall have had an ongoing recognized program, supported by either public or private funds, dealing with an aspect of family violence, for at least two years prior to the date specified for submission of applications for funding pursuant to this section. All centers funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment any state funds received pursuant to this section. Sixty percent of the state funds received pursuant to this section shall be used to develop and implement model program protocols and materials. Forty percent of the state funds received pursuant to this section shall be allocated to programs to disseminate model program protocols and materials. Dissemination shall include training for domestic violence agencies in California. Each of the programs funded under this section shall focus on no more than two targeted areas. These targeted model areas shall be determined by the agency or agencies designated by the Director of Finance pursuant to Section 13820 in consultation with practitioners and experts in the field of domestic violence, using the domestic violence model priorities survey of the California Alliance Against Domestic Violence. Centers receiving funding shall provide matching funds of at least 10 percent of the funds received pursuant to this section. (d) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop and disseminate throughout the state information and materials concerning family violence prevention, including, but not limited to, a procedures manual on prevention models. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall also establish a resource center for the collection, retention, and distribution of educational materials related to family violence and its prevention. SEC. 36. Section 13823.5 of the Penal Code is amended to read: 13823.5. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820, with the assistance of the advisory committee established pursuant to Section 13836, shall establish a protocol for the examination and treatment of victims of sexual assault and attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom. The protocol shall contain recommended methods for meeting the standards specified in Section 13823.11. (b) In addition to the protocol, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop informational guidelines, containing general reference information on evidence collection, examination of victims and psychological and medical treatment for victims of sexual assault and attempted sexual assault, including child molestation. In developing the protocol and the informational guidelines, the agency or agencies designated by the Director of Finance pursuant to Section 13820 and the advisory committee shall seek the assistance and guidance of organizations assisting victims of sexual assault; qualified health care professionals, criminalists, and administrators who are familiar with emergency room procedures; victims of sexual assault; and law enforcement officials. (c) The agency or agencies designated by the Director of Finance pursuant to Section 13820, in cooperation with the State Department of Health Services and the Department of Justice, shall adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault or attempted sexual assault, including child molestation. Each qualified health care professional who conducts an examination for evidence of a sexual assault or an attempted sexual assault, including child molestation, shall use the standard form adopted pursuant to this section, and shall make those observations and perform those tests as may be required for recording of the data required by the form. The forms shall be subject to the same principles of confidentiality applicable to other medical records. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall make copies of the standard form or forms available to every public or private general acute care hospital, as requested. The standard form shall be used to satisfy the reporting requirements specified in Sections 11160 and 11161 in cases of sexual assault, and may be used in lieu of the form specified in Section 11168 for reports of child abuse. (d) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall distribute copies of the protocol and the informational guidelines to every general acute care hospital, law enforcement agency, and prosecutor's office in the state. (e) As used in this chapter, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code and working in consultation with a physician and surgeon who conducts examinations or provides treatment as described in Section 13823.9 in a general acute care hospital or in a physician and surgeon's office. SEC. 37. Section 13823.9 of the Penal Code is amended to read: 13823.9. (a) Every public or private general acute care hospital that examines a victim of sexual assault or attempted sexual assault, including child molestation, shall comply with the standards specified in Section 13823.11 and the protocol and guidelines adopted pursuant to Section 13823.5. (b) Each county with a population of more than 100,000 shall arrange that professional personnel trained in the examination of victims of sexual assault, including child molestation, shall be present or on call either in the county hospital which provides emergency medical services or in any general acute care hospital which has contracted with the county to provide emergency medical services. In counties with a population of 1,000,000 or more, the presence of these professional personnel shall be arranged at least one general acute care hospital for each 1,000,000 persons in the county. (c) Each county shall designate at least one general acute care hospital to perform examinations on victims of sexual assault, including child molestation. (d) (1) The protocol published by the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall be used as a guide for the procedures to be used by every public or private general acute care hospital in the state for the examination and treatment of victims of sexual assault and attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom. (2) The informational guide developed by the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall be consulted where indicated in the protocol, as well as to gain knowledge about all aspects of examination and treatment of victims of sexual assault and child molestation. SEC. 38. Section 13823.93 of the Penal Code is amended to read: 13823.93. (a) For purposes of this section, the following definitions apply: (1) "Medical personnel" includes physicians, nurse practitioners, physician assistants, nurses, and other health care providers, as appropriate. (2) To "perform a medical evidentiary examination" means to evaluate, collect, preserve, and document evidence, interpret findings, and document examination results. (b) To ensure the delivery of standardized curriculum, essential for consistent examination procedures throughout the state, one hospital-based training center shall be established through a competitive bidding process, to train medical personnel on how to perform medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. The center also shall provide training for investigative and court personnel involved in dependency and criminal proceedings, on how to interpret the findings of medical evidentiary examinations. The training provided by the training center shall be made available to medical personnel, law enforcement, and the courts throughout the state. (c) The training center shall meet all of the following criteria: (1) Recognized expertise and experience in providing medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. (2) Recognized expertise and experience implementing the protocol established pursuant to Section 13823.5. (3) History of providing training, including, but not limited to, the clinical supervision of trainees and the evaluation of clinical competency. (4) Recognized expertise and experience in the use of advanced medical technology and training in the evaluation of victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. (5) Significant history in working with professionals in the field of criminalistics. (6) Established relationships with local crime laboratories, clinical laboratories, law enforcement agencies, district attorneys' offices, child protective services, victim advocacy programs, and federal investigative agencies. (7) The capacity for developing a telecommunication network between primary, secondary, and tertiary medical providers. (8) History of leadership in working collaboratively with medical forensic experts, criminal justice experts, investigative social worker experts, state criminal justice, social services, health and mental health agencies, and statewide professional associations representing the various disciplines, especially those specified in paragraph (6) of subdivision (d). (9) History of leadership in working collaboratively with state and local victim advocacy organizations, especially those addressing sexual assault and domestic violence. (10) History and experience in the development and delivery of standardized curriculum for forensic medical experts, criminal justice professionals, and investigative social workers. (11) History of research, particularly involving databases, in the area of child physical and sexual abuse, sexual assault, elder abuse, or domestic violence. (d) The training center shall do all of the following: (1) Develop and implement a standardized training program for medical personnel that has been reviewed and approved by a multidisciplinary peer review committee. (2) Develop a telecommunication system network between the training center and other areas of the state, including rural and midsized counties. This service shall provide case consultation to medical personnel, law enforcement, and the courts and provide continuing medical education. (3) Provide ongoing basic, advanced, and specialized training programs. (4) Develop guidelines for the reporting and management of child physical abuse and neglect, domestic violence, and elder abuse. (5) Develop guidelines for evaluating the results of training for the medical personnel performing examinations. (6) Provide standardized training for law enforcement officers, district attorneys, public defenders, investigative social workers, and judges on medical evidentiary examination procedures and the interpretation of findings. This training shall be developed and implemented in collaboration with the Peace Officer Standards and Training Program, the California District Attorney's Association, the California Peace Officers Association, the California Police Chiefs Association, the California State Sheriffs Association, the California Association of Crime Laboratory Directors, the California Sexual Assault Investigators Association, the California Alliance Against Domestic Violence, the Statewide California Coalition for Battered Women, the Family Violence Prevention Fund, child victim advocacy organizations, the California Welfare Directors Association, the California Coalition Against Sexual Assault, the Department of Justice, the agency or agencies designated by the Director of Finance pursuant to Section 13820, the Child Welfare Training Program, and the University of California extension programs. (7) Promote an interdisciplinary approach in the assessment and management of child abuse and neglect, sexual assault, elder abuse, domestic violence, and abuse or assault against persons with disabilities. (8) Provide training in the dynamics of victimization, including, but not limited to, rape trauma syndrome, battered woman syndrome, the effects of child abuse and neglect, and the various aspects of elder abuse. This training shall be provided by individuals who are recognized as experts within their respective disciplines. (e) Nothing in this section shall be construed to change the scope of practice for any health care provider, as defined in other provisions of law. SEC. 39. Section 13825 of the Penal Code is amended to read: 13825. The State Graffiti Clearinghouse is hereby created in the agency or agencies designated by the Director of Finance pursuant to Section 13820. The State Graffiti Clearinghouse shall do all of the following, subject to federal funding: (a) Assess and estimate the present costs to state and local agencies for graffiti abatement. (b) Award grants to state and local agencies that have demonstrated implementation of effective graffiti reduction and abatement programs. (c) Receive and disburse funds to effectuate the purposes of the clearinghouse. SEC. 40. Section 13826.1 of the Penal Code is amended to read: 13826.1. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820, the Gang Violence Suppression Program, a program of financial and technical assistance for district attorneys' offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or any consortium thereof, and community-based organizations which are primarily engaged in the suppression of gang violence. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 in consultation with the California Council on Criminal Justice, and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. (b) The executive director is authorized to allocate and award funds to cities, counties, school districts, county offices of education, or any consortium thereof, and community-based organizations in which gang violence suppression programs are established in substantial compliance with the policies and criteria set forth in this chapter. (c) The allocation and award of funds shall be made on the application of the district attorney, chief law enforcement officer, or chief probation officer of the applicant unit of government and approved by the legislative body, on the application of school districts, county offices of education, or any consortium thereof, or on the application of the chief executive of a community-based organization. All programs funded pursuant to this chapter shall work cooperatively to ensure the highest quality provision of services and to reduce unnecessary duplication. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the Gang Violence Suppression Program, be made available to support the activities set forth in this chapter. Funds awarded under this program as local assistance grants shall not be subject to review as specified in Section 10295 of the Public Contract Code. (d) The executive director shall prepare and issue written program and administrative guidelines and procedures for the Gang Violence Suppression Program, consistent with this chapter. These guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application. (e) Annually, commencing November 1, 1984, the executive director shall prepare a report to the Legislature describing in detail the operation of the statewide program and the results obtained by district attorneys' offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or any consortium thereof, and community-based organizations receiving funds under this chapter and under comparable federally financed awards. (f) Criteria for selection of district attorneys' offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or any consortium thereof, and community-based organizations to receive gang violence suppression funding shall be developed in consultation with the Gang Violence Suppression Advisory Committee whose members shall be appointed by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, unless otherwise designated. (g) The Gang Violence Suppression Advisory Committee shall be composed of five district attorneys; two chief probation officers; two representatives of community-based organizations; three attorneys primarily engaged in the practice of juvenile criminal defense; three law enforcement officials with expertise in gang-related investigations; one member from the California Youth Authority Gang Task Force nominated by the Director of the California Youth Authority; one member of the Department of Corrections Law Enforcement Liaison Unit nominated by the Director of the Department of Corrections; one member from the Department of Justice nominated by the Attorney General; the Superintendent of Public Instruction, or his or her designee; one member of the California School Boards Association; and one representative of a school program specializing in the education of the target population identified in this chapter. Five members of the Gang Violence Suppression Advisory Committee appointed by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall be from rural or predominately suburban counties and shall be designated by the Executive Director as comprising the Rural Gang Task Force Subcommittee. The Rural Gang Task Force Subcommittee, in coordination with the Gang Violence Suppression Advisory Committee and the agency or agencies designated by the Director of Finance pursuant to Section 13820, shall review the Gang Violence Suppression Program participation requirements and recommend changes in the requirements which recognize the unique conditions and constraints that exist in small rural jurisdictions and enhance the ability of small rural jurisdictions to participate in the Gang Violence Suppression Program. (h) The Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall designate a staff member in the Gang Violence Suppression Program to act as the Rural Gang Prevention Coordinator and to provide technical assistance and outreach to rural jurisdictions with emerging gang activities. It is the intent of the Legislature that compliance with this subdivision not necessitate an additional staff person. (i) This section shall be operative January 1, 1994. SEC. 41. Section 13826.15 of the Penal Code is amended to read: 13826.15. (a) The Legislature hereby finds and declares that the implementation of the Gang Violence Suppression Program, as provided in this chapter, has made a positive impact in the battle against crimes committed by gang members in California. The Legislature further finds and declares that the program, when it was originally created in 1981, provided financial and technical assistance only for district attorneys' offices. Since that time, however, the provisions of the program have been amended by the Legislature to enable additional public entities and community-based organizations to participate in the program. In this respect, the agency or agencies designated by the Director of Finance pursuant to Section 13820, pursuant to Section 13826.1, administers funding for the program by awarding grants to worthy applicants. Therefore, it is the intent of the Legislature in enacting this measure to assist the agency or agencies designated by the Director of Finance pursuant to Section 13820 in setting forth guidelines for this funding. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 may give priority to applicants for new grant awards, as follows: (1) First priority may be given to applicants representing unfunded single components, as specified in Sections 13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, in those counties that receive Gang Violence Suppression Program funding for some, but not all, of the program's components. The purpose of establishing this priority is to provide funding for a full complement of the five Gang Violence Suppression Program components in those counties that have less than all five components established. (2) Second priority may be given to those applicants that propose a multiagency, or multijurisdictional single component project, whereby more than one agency would be funded as a joint project under the single components specified in Sections 13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, and the funding would be provided through a single grant award. (3) Third priority may be given to applicants that propose multijurisdictional multicomponent projects, whereby all five Gang Violence Suppression Program components, as specified in Sections 13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in a county that does not currently receive Gang Violence Suppression Program funds. (4) Fourth priority may be given to those single agency single component applicants, in counties wherein the program component is not currently funded. (c) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall consider the unique needs of, and circumstances of jurisdiction in, rural and suburban counties when awarding new grant funds. SEC. 42. Section 13826.62 of the Penal Code is amended to read: 13826.62. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820, the Urban Corps Program. The Urban Corps Program is established as an optional activity under Section 13826.6. Community-based organizations receiving grants to participate in the Urban Corps Program shall implement the following activities: (1) Identification of publicly and privately administered programs in the county dealing with the suppression or prevention of criminal gang activities, or both. (2) Maintenance of a listing of programs within the county identified as dealing with the suppression or prevention of criminal gang activities, or both. (3) Surveying gang suppression and prevention organizations for the types of services and activities each is engaged in, and identifying needs among these organizations for resources to provide services and fulfill their activities. (4) Recruitment of volunteers, identification of their skills, abilities and interests, and matching volunteers with the resources needs of gang prevention and suppression organizations. (5) Establishment of an urban respite program for the purpose of preventing self-destructive activities and diverting (A) identified youth gang members, and (B) youths who are at risk of becoming gang members, for the purposes of reducing or eliminating incentives for those youths to participate in gang-related crime activities. (b) The Urban Corps Program shall operate within the agency or agencies designated by the Director of Finance pursuant to Section 13820 for two years following the establishment of a contract with a community-based organization to administer the program. (c) This section shall be implemented to the extent that funds are available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for this purpose. SEC. 43. Section 13826.7 of the Penal Code is amended to read: 13826.7. The agency or agencies designated by the Director of Finance pursuant to Section 13820 and the California Council on Criminal Justice are encouraged to utilize any federal funds that may become available for purposes of this act. This act becomes operative only if federal funds are made available for its implementation. SEC. 44. Section 13830 of the Penal Code is amended to read: 13830. There is hereby created in state government a Judicial Criminal Justice Planning Committee of seven members. The Judicial Council shall appoint the members of the committee who shall hold office at its pleasure. In this respect the Legislature finds as follows: (a) The California court system has a constitutionally established independence under the judicial and separation of power clauses of the State Constitution. (b) The California court system has a statewide structure created under the Constitution, state statutes and state court rules, and the Judicial Council of California is the constitutionally established state agency having responsibility for the operation of that structure. (c) The California court system will be directly affected by the criminal justice planning that will be done under this title and by the federal grants that will be made to implement that planning. (d) For effective planning and implementation of court projects it is essential that the agency or agencies designated by the Director of Finance pursuant to Section 13820 have the advice and assistance of a state judicial system planning committee. SEC. 45. Section 13832 of the Penal Code is amended to read: 13832. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall consult with, and shall seek the advice of, the Judicial Criminal Justice Planning Committee in carrying out its functions under Chapter 3 of this title insofar as they affect the California court system. In addition, any grant of federal funds made or approved by the office which is to be implemented in the California court system shall be submitted to the Judicial Criminal Justice Planning Committee for its review and recommendations before being presented to the California Council on Criminal Justice for its action. SEC. 46. Section 13833 of the Penal Code is amended to read: 13833. The expenses necessarily incurred by the members of the Judicial Criminal Justice Planning Committee in the performance of their duties under this title shall be paid by the Judicial Council, but it shall be reimbursed by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to the extent that federal funds can be made available for that purpose. Staff support for the committee's activities shall be provided by the Judicial Council, but the cost of that staff support shall be reimbursed by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to the extent that federal funds can be made available for that purpose. SEC. 47. Section 13835.2 of the Penal Code is amended to read: 13835.2. (a) Funds appropriated from the Victim-Witness Assistance Fund shall be made available through the agency or agencies designated by the Director of Finance pursuant to Section 13820 to any public or private nonprofit agency for the assistance of victims and witnesses which meets all of the following requirements: (1) It provides comprehensive services to victims and witnesses of all types of crime. It is the intent of the Legislature to make funds available only to programs which do not restrict services to victims and witnesses of a particular type of crime, and which do not restrict services to victims of crime where there is a suspect in the case. (2) It is recognized by the board of supervisors as the major provider of comprehensive services to victims and witnesses in the county. (3) It is selected by the board of supervisors as the agency to receive funds pursuant to this article. (4) It assists victims of crime in the preparation, verification, and presentation of their claims to the State Board of Control for indemnification pursuant to Article 1 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (5) It cooperates with the State Board of Control in verifying the data required by Article 1 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall consider the following factors, together with any other circumstances it deems appropriate, in awarding funds to public or private nonprofit agencies designated as victim and witness assistance centers: (1) The capability of the agency to provide comprehensive services as defined in this article. (2) The stated goals and objectives of the center. (3) The number of people to be served and the needs of the community. (4) Evidence of community support. (5) The organizational structure of the agency which will operate the center. (6) The capability of the agency to provide confidentiality of records. (c) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall conduct an evaluation of the activities and performance of the centers established pursuant to Chapter 1256 of the Statutes of 1977 to determine their ability to comply with the intent of this article, and shall report the findings thereon to the Legislature by January 1, 1985. SEC. 48. Section 13835.6 of the Penal Code is amended to read: 13835.6. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820, in cooperation with representatives from local victim and witness assistance centers, shall develop standards defining the activities and services enumerated in this article. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 in cooperation with representatives from local victim and witness assistance centers, shall develop a method of evaluating the activities and performance of centers established pursuant to this article. By January 1, 1985, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall prepare and submit to the Legislature a report summarizing the effectiveness of victim and witness assistance centers established pursuant to this article. That report shall include, but not be limited to, the effectiveness in achieving the functions and the services enumerated in the article. SEC. 49. Section 13835.7 of the Penal Code is amended to read: 13835.7. There is in the State Treasury the Victim-Witness Assistance Fund. Funds appropriated thereto shall be dispensed to the agency or agencies designated by the Director of Finance pursuant to Section 13820 exclusively for the purposes specified in this article and for the support of the centers specified in Section 13837. SEC. 50. Section 13825.10 of the Penal Code is amended and renumbered to read: 13835.10. (a) The Legislature finds and declares all of the following: (1) That the provision of quality services for victims of crime is of high priority. (2) That existing victim service programs do not have sufficient financial resources to consistently recruit and employ fully trained personnel. (3) That there is no consistency in the training provided to the various agencies serving victims. (4) That comprehensive training for victim service agencies is geographically limited or unavailable. (5) That there is currently no statewide comprehensive training system in place for the state to insure that all service providers receive adequate training to provide quality services to victims of crime. (6) It is the intention of the Legislature to establish a statewide training program within the agency or agencies designated by the Director of Finance pursuant to Section 13820 to provide comprehensive standardized training to victim service providers. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall establish a statewide victim-assistance training program, the purpose of which is to develop minimum training and selection standards, certify training courses, and provide funding to enable local victim service providers to acquire the required training. (c) (1) For the purpose of raising the level of competence of local victim service providers, the office shall adopt guidelines establishing minimum standards of training for employees of victim-witness and sexual assault programs funded by the office to provide services to victims of crime. The agency or agencies shall establish an advisory committee composed of recognized statewide victim service organizations, representatives of local victim service programs, and others selected at the discretion of the executive director to consult on the research and development of the training, selection, and equivalency standards. (2) Any local unit of government, community-based organization, or any other public or private nonprofit entity funded by the agency or agencies as a victim-witness or sexual assault program to provide services to victims of crime shall adhere to the training and selection standards established by the agency or agencies. The standards for sexual assault victim service programs developed by the advisory committee established pursuant to Section 13836 shall be the standards for purposes of this section. With the exception of the sexual assault standards, the agency or agencies shall conduct or contract with an appropriate firm or entity for research on validated standards pursuant to this section in consultation with the advisory committee established pursuant to paragraph (1). The agency or agencies may defer the adoption of the selection standards until the necessary research is completed. Until the standards are adopted, affected victim service programs may receive state funding from the agency or agencies upon certification of their willingness to adhere to the training standards adopted by the agency or agencies. (3) Minimum training and selection standards may include, but shall not be limited to, basic entry, continuation, supervisory, management, specialized curricula, and confidentiality. (4) Training and selection standards shall apply to all victim service and management personnel of the victim-witness and sexual assault agencies funded by the agency or agencies to provide services to victims of crime. Exemptions from this requirement may be made by the agency or agencies. An agency which, despite good faith efforts, is unable to meet the standards established pursuant to this section, may apply to the agency or agencies for an exemption. For the purpose of exemptions, the agency or agencies may establish procedures that allow for partial adherence. The agency or agencies may develop equivalency standards which recognize professional experience, education, training, or a combination of the above, for personnel hired before July 1, 1987. (5) Nothing in this section shall prohibit an agency, funded by the agency or agencies to provide services to victims of crime, from establishing training and selection standards which exceed the minimum standards established by the agency or agencies pursuant to this section. (d) For purposes of implementing this section, the agency or agencies has all of the following powers: (1) To approve or certify, or both, training courses selected by the agency or agencies. (2) To make those inquiries which may be necessary to determine whether every local unit of government, community-based organization, or any other public or private entity receiving state aid from the agency or agencies as a victim-witness or sexual assault program for the provision of services to victims of crime, is adhering to the standards for training and selection established pursuant to this section. (3) To adopt those guidelines which are necessary to carry out the purposes of this section. (4) To develop or present, or both, training courses for victim service providers, or to contract with coalitions, councils, or other designated entities, to develop or present, or both, those training courses. (5) To perform other activities and studies necessary to carry out the intent of this section. (e) (1) The agency or agencies may utilize any funds that may become available from the Victim-Witness Assistance Fund to fund the cost of training staff of victim service agencies which are funded by the agency or agencies from the fund. The agency or agencies may utilize federal or other state funds that may become available to fund the cost of training staff of victim service agencies which are not eligible for funding from the Victim-Witness Assistance Fund. (2) Peace officer personnel whose jurisdictions are eligible for training subvention pursuant to Chapter 1 (commencing with Section 13500) of Title 4 of this part and correctional or probation personnel whose jurisdictions are eligible for state aid pursuant to Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of Part 3 are not eligible to receive training reimbursements under this section unless the person receiving the training is assigned to provide victim services in accordance with a grant award agreement with the agency or agencies and is attending training to meet the established standards. SEC. 51. Section 13836 of the Penal Code is amended to read: 13836. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall establish an advisory committee which shall develop a course of training for district attorneys in the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse cases and shall approve grants awarded pursuant to Section 13837. The courses shall include training in the unique emotional trauma experienced by victims of these crimes. It is the intent of the Legislature in the enactment of this chapter to encourage the establishment of sex crime prosecution units, which shall include, but not be limited to, child sexual exploitation and child sexual abuse cases, in district attorneys' offices throughout the state. SEC. 52. Section 13836.1 of the Penal Code is amended to read: 13836.1. The committee shall consist of 11 members. Five shall be appointed by the executive director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, and shall include three district attorneys or assistant or deputy district attorneys, one representative of a city police department or a sheriff or a representative of a sheriff's department, and one public defender or assistant or deputy public defender of a county. Six shall be public members appointed by the Commission on the Status of Women, and shall include one representative of a rape crisis center, and one medical professional experienced in dealing with sexual assault trauma victims. The committee members shall represent the points of view of diverse ethnic and language groups. Members of the committee shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties. Staff support for the committee shall be provided by the agency or agencies designated by the Director of Finance pursuant to Section 13820. SEC. 53. Section 13837 of the Penal Code is amended to read: 13837. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall provide grants to proposed and existing local rape, child sexual exploitation, and child sexual abuse victim counseling centers and prevention programs. Grant recipients shall provide appropriate in-person counseling and referral services during normal business hours, and maintain other standards or services which shall be determined to be appropriate by the advisory committee established pursuant to Section 13836 as grant conditions. Rape victim counseling centers shall provide a 24-hour telephone counseling service for sex crime victims. The advisory committee shall identify the criteria to be utilized in awarding the grants provided by this chapter before any funds are allocated. In order to be eligible for funding pursuant to this chapter, the centers shall demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources which may be used to augment any state funds appropriated for purposes of this chapter. Each center receiving funds pursuant to this chapter shall make every attempt to qualify for any available federal funding. State funds provided to establish centers shall be utilized when possible, as determined by the advisory committee, to expand the program and shall not be expended to reduce fiscal support from other public or private sources. The centers shall maintain quarterly and final fiscal reports in a form to be prescribed by the administering agency. In granting funds, the advisory committee shall give priority to centers which are operated in close proximity to medical treatment facilities. SEC. 54. Section 13843 of the Penal Code is amended to read: 13843. (a) Allocation and award of funds made available under this chapter shall be made upon application to the agency or agencies designated by the Director of Finance pursuant to Section 13820. All applications shall be reviewed and evaluated by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (b) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 may allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs in compliance with the established policies and criteria of the agency or agencies designated by the Director of Finance pursuant to Section 13820. Applications receiving funding under this section shall be selected from among those deemed appropriate for funding according to the criteria, policy, and procedures established by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (c) With the exception of funds awarded for programs authorized under paragraph (2) of subdivision (b) of Section 13844, no single award of funds under this chapter shall exceed a maximum of two hundred fifty thousand dollars ($250,000) for a 12-month grant period. (d) Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Community Crime Resistance Program, be made available to support crime resistance programs. (e) Funds disbursed under this chapter shall be supplemented with local funds constituting, at a minimum, 10 percent of the total crime resistance program budget during the initial year and 20 percent in subsequent periods of funding. (f) Annually, up to a maximum of 10 percent of the total funds appropriated to the Community Crime Resistance Program may be used by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to support statewide technical assistance, training, and public awareness activities relating to crime prevention. (g) Funds awarded under this program as local assistance grants shall not be subject to review as specified in Section 14780 of the Government Code. (h) Guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders or standards of general application. SEC. 55. Section 13844 of the Penal Code is amended to read: 13844. (a) Use of funds granted under the California Community Crime Resistance Program are restricted to the following activities: (1) Further the goal of a statewide crime prevention network by supporting the initiation or expansion of local crime prevention efforts. (2) Provide information and encourage the use of new and innovative refinements to the traditional crime prevention model in localities that currently maintain a well-established crime prevention program. (3) Support the development of a coordinated service network, including information exchange and case referral between such programs as local victim-witness assistance programs, sexual assault programs, gang violence reduction programs, drug suppression programs, elderly care custodians, state and local elderly service programs, or any other established and recognizable local programs devoted to the lessening of crime and the promotion of the community' s well-being. (b) With respect to the initiation or expansion of local crime prevention efforts, projects supported under the California Community Crime Resistance Program shall do either of the following: (1) Carry out as many of the following activities as deemed, in the judgment of the agency or agencies designated by the Director of Finance pursuant to Section 13820, to be consistent with available resources: (A) Crime prevention programs using tailored outreach techniques in order to provide effective and consistent services for the elderly in the following areas: (i) Crime prevention information to elderly citizens regarding personal safety, fraud, theft, grand theft, burglary, and elderly abuse. (ii) Services designed to respond to the specific and diverse crime prevention needs of elderly residential communities. (iii) Specific services coordinated to assist in the installation of security devices or provision of escort services and victim assistance. (B) Programs to provide training, information, and prevention literature to peace officers, elderly care custodians, health practitioners, and social service providers regarding physical abuse and neglect within residential health care facilities for the elderly. (C) Programs to promote neighborhood involvement such as, but not limited to, block clubs and other community or resident-sponsored anticrime programs. (D) Personal safety programs. (E) Domestic violence prevention programs. (F) Crime prevention programs specifically geared to youth in schools and school district personnel. (G) Programs which make available to residents and businesses information on locking devices, building security and related crime resistance approaches. (H) In cooperation with the Commission on Peace Officer Standards and Training, support for the training of peace officers in crime prevention and its effects on the relationship between citizens and law enforcement. (I) Efforts to address the crime prevention needs of communities with high proportions of teenagers and young adults, low-income families, and non-English-speaking residents, including juvenile delinquency diversion, social service referrals, and making available crime resistance literature in appropriate languages other than English. (2) Implement a community policing program in targeted neighborhoods that are drug infested. The goal of this program shall be to empower the people against illegal drug activity. A program funded pursuant to this chapter shall be able to target one or more neighborhoods within the grant period. In order to be eligible for funding, the program shall have the commitment of the community, local law enforcement, school districts, and community service groups; and shall be supported by either the city council or the board of supervisors, whichever is applicable. (c) With respect to the support of new and innovative techniques, communities taking part in the California Crime Resistance Program shall carry out those activities as determined by the agency or agencies designated by the Director of Finance pursuant to Section 13820, that conform to local needs and are consistent with available expertise and resources. These techniques may include, but are not limited to, community policing programs or activities involving the following: (1) Programs to reinforce the security of "latchkey" children, including neighborhood monitoring, special contact telephone numbers, emergency procedure training for the children, daily telephone checks for the children's well-being, and assistance in developing safe alternatives to unsupervised conditions for children. (2) Programs dedicated to educating parents in procedures designed to do all of the following: (A) Minimize or prevent the abduction of children. (B) Assist children in understanding the risk of child abduction. (C) Maximize the recovery of abducted children. (3) Programs devoted to developing automated systems for monitoring and tracking crimes within organized neighborhoods. (4) Programs devoted to developing timely "feedback mechanisms" whose goals would be to alert residents to new crime problems and to reinforce household participation in neighborhood security organizations. (5) Programs devoted to creating and packaging special crime prevention approaches tailored to the special needs and characteristics of California's cultural and ethnic minorities. (6) Research into the effectiveness of local crime prevention efforts including the relationships between crime prevention activities, participants' economic and demographic characteristics, project costs, local or regional crime rate, and law enforcement planning and staff deployment. (7) Programs devoted to crime and delinquency prevention through the establishment of partnership initiatives utilizing elderly and juvenile volunteers. (d) All approved programs shall utilize volunteers to assist in implementing and conducting community crime resistance programs. Programs providing elderly crime prevention programs shall recruit senior citizens to assist in providing services. (e) Programs funded pursuant to this chapter shall demonstrate a commitment to support citizen involvement with local funds after the program has been developed and implemented with state moneys. SEC. 56. Section 13846 of the Penal Code is amended to read: 13846. (a) Evaluation and monitoring of all grants made under this section shall be the responsibility of the agency or agencies designated by the Director of Finance pursuant to Section 13820. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall issue standard reporting forms for reporting the level of activities and number of crimes reported in participating communities. The information shall be used in the biannual report to the Legislature required in subdivision (i) of Section 13843. The biannual report shall include, but not be limited to: (1) The level of volunteer participation. (2) The level of home and business security inspections. (3) The number of programs directed at senior citizens and teenagers. (4) The report due November 1, 1992, as set forth in subdivision (i) of Section 13843, shall also include the plan for implementation of the program expansion authorized pursuant to this chapter and shall include the results of a survey conducted by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to determine the types of community policing programs that already exist to combat illegal drug activity in targeted neighborhoods. (b) Information on successful programs shall be made available and relayed to other California communities through the technical assistance procedures of the agency or agencies designated by the Director of Finance pursuant to Section 13820. SEC. 57. Section 13847 of the Penal Code is amended to read: 13847. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. The program shall target the relationship between law enforcement and Native American communities to encourage and to strengthen cooperative efforts and to implement crime suppression and prevention programs. (b) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 may allocate and award funds to those local units of government, or combinations thereof, in which a special program is established in law enforcement agencies that meets the criteria set forth in Sections 13847.1 and 13847.2. (c) The allocation and award of funds shall be made upon application executed by the chief law enforcement officer of the applicant unit of government and approved by the legislative body. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the Rural Indian Crime Prevention Program, be made available to support the suppression and prevention of crime on reservations and rancherias. (d) The executive director shall prepare and issue administrative guidelines and procedures for the Rural Indian Crime Prevention Program consistent with this chapter. (e) The guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application. (f) Every three years, commencing on and after January 1, 1991, the executive director shall prepare a report to the Legislature describing in detail the operation of the program and the results obtained from law enforcement rural Indian crime prevention programs receiving funds under this chapter. SEC. 58. Section 13847.2 of the Penal Code is amended to read: 13847.2. (a) The Rural Indian and Law Enforcement Local Advisory Committee shall be composed of a chief executive of a law enforcement agency, two tribal council members, two tribal elders, one Indian law enforcement officer, one Indian community officer, one representative of the Bureau of Indian Affairs, and any additional members that may prove to be crucial to the committee. All members of the advisory committee shall be designated by the executive director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, who shall provide staff services to the advisory committee. (b) The executive director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, in consultation with the advisory committee, shall develop specific guidelines, and administrative procedures, for the selection of projects to be funded by the Rural Indian Crime Prevention Program which guidelines shall include the selection criteria described in this chapter. (c) Administration of the overall program and the evaluation and monitoring of all grants made under this chapter shall be performed by the agency or agencies designated by the Director of Finance pursuant to Section 13820, provided that funds expended for these functions shall not exceed 5 percent of the total annual amount made available for the purpose of this chapter. SEC. 59. Section 13848.2 of the Penal Code is amended to read: 13848.2. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for law enforcement and district attorneys' offices, designated the High Technology Theft Apprehension and Prosecution Program. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of the office in consultation with the High Technology Crime Advisory Committee as established in Section 13848.6 and shall to the extent feasible be coordinated with federal funds and private grants or private donations that are made available for these purposes. (b) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 is authorized to allocate and award funds to regional high technology crime programs which are established in compliance with Section 13848.4. (c) The allocation and award of funds under this chapter shall be made on application executed by the district attorney, county sheriff, or chief of police and approved by the board of supervisors for each county that is a participant of a high technology theft apprehension and prosecution unit. (d) In identifying program areas that will be eligible for competitive application during the 1998-99 fiscal year for federal funding pursuant to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs (Subchapter V (commencing with Section 3750) of Chapter 46 of the United States Code), the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall include, to the extent possible, an emphasis on high technology crime by selecting funding areas that would further the use of federal funds to address high technology crime and facilitate the establishment of high technology multijurisdictional task forces. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall allocate any increase in federal funding pursuant to the Anti-Drug Abuse Act (Public Law 100-690) for the 1998-99 fiscal year to those programs described in subdivision (d). SEC. 60. Section 13848.4 of the Penal Code is amended to read: 13848.4. (a) All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be deposited in the High Technology Theft Apprehension and Prosecution Program Trust Fund, which is hereby established. The fund shall be under the direction and control of the executive director. Moneys in the fund, upon appropriation by the Legislature, shall be expended to implement this chapter. (b) Moneys in the High Technology Theft Apprehension and Prosecution Program Trust Fund shall be expended to fund programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high technology related crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (f), the High Technology Theft Apprehension and Prosecution Program Trust Fund shall be expended to fund programs to enhance the capacity of local law enforcement, state police, and local prosecutors to deter, investigate, and prosecute high technology related crimes. Any funds distributed under this chapter shall be expended for the exclusive purpose of deterring, investigating, and prosecuting high technology related crimes. (c) Up to 10 percent of the funds shall be used for developing and maintaining a statewide database on high technology crime for use in developing and distributing intelligence information to participating law enforcement agencies. In addition, the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 may allocate and award up to 5 percent of the funds available to public agencies or private nonprofit organizations for the purposes of establishing statewide programs of education, training, and research for public prosecutors, investigators, and law enforcement officers relating to deterring, investigating, and prosecuting high technology related crimes. Any funds not expended in a fiscal year for these purposes shall be distributed to regional high technology theft task forces pursuant to subdivision (b). (d) Any regional task force receiving funds under this section may elect to have the Department of Justice administer the regional task force program. The department may be reimbursed for any expenditures incurred for administering a regional task force from funds given to local law enforcement pursuant to subdivision (b). (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall distribute funds in the High Technology Theft Apprehension and Prosecution Program Trust Fund to eligible agencies pursuant to subdivision (b) in consultation with the High Technology Crime Advisory Committee established pursuant to Section 13848.6. (f) Administration of the overall program and the evaluation and monitoring of all grants made pursuant to this chapter shall be performed by the agency or agencies designated by the Director of Finance pursuant to Section 13820, provided that funds expended for these functions shall not exceed 5 percent of the total amount made available under this chapter. SEC. 61. Section 13848.6 of the Penal Code is amended to read: 13848.6. (a) The High Technology Crime Advisory Committee is hereby established for the purpose of formulating a comprehensive written strategy for addressing high technology crime throughout the state and to advise the agency or agencies designated by the Director of Finance pursuant to Section 13820 on the appropriate disbursement of funds to regional task forces. (b) This strategy shall be designed to be implemented through regional task forces. In formulating that strategy, the committee shall identify various priorities for law enforcement attention, including the following goals: (1) To apprehend and prosecute criminal organizations, networks, and groups of individuals engaged in the following activities: (A) Theft of computer components and other high technology products. (B) Violations of Penal Code Sections 211, 350, 351a, 459, 496, 537e, 593d, and 593e. (C) Theft of telecommunications services and other violations of Penal Code Sections 502.7 and 502.8. (D) Counterfeiting of negotiable instruments and other valuable items through the use of computer technology. (E) Creation and distribution of counterfeit software and other digital information, including the use of counterfeit trademarks to misrepresent the origin of that software or digital information. (2) To apprehend and prosecute individuals and groups engaged in the unlawful access, destruction, or unauthorized entry into and use of private, corporate, or government computers and networks, including wireless and wireline communications networks and law enforcement dispatch systems, and the theft, interception, manipulation, destruction, and unauthorized disclosure of data stored within those computers. (3) To apprehend and prosecute individuals and groups engaged in the theft of trade secrets. (4) To investigate and prosecute high technology crime cases requiring coordination and cooperation between regional task forces and local, state, federal, and international law enforcement agencies. (c) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall appoint the following members to the committee: (1) A designee of the California District Attorneys Association. (2) A designee of the California State Sheriffs Association. (3) A designee of the California Police Chiefs Association. (4) A designee of the Attorney General. (5) A designee of the California Highway Patrol. (6) A designee of the High Tech Criminal Investigators Association. (7) A designee of the agency or agencies designated by the Director of Finance pursuant to Section 13820. (8) A designee of the American Electronic Association to represent California computer system manufacturers. (9) A designee of the American Electronic Association to represent California computer software producers. (10) A designee of the California Cellular Carriers Association. (11) A representative of the California Internet industry. (12) A designee of the Semiconductor Equipment and Materials International. (13) A designee of the California Cable Television Association. (14) A designee of the Motion Picture Association of America. (15) A designee of either the California Telephone Association or the California Association of Long Distance Companies. This position shall rotate every other year between designees of the two associations. (16) A designee of the Science and Technology Agency, if Senate Bill 1136 is enacted, and, as enacted, creates the Science and Technology Agency, otherwise, a designee of the Department of Information Technology. (17) A representative of the California banking industry. (d) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall designate the Chair of the High Technology Crime Advisory Committee from the appointed members. (e) The advisory committee shall not be required to meet more than 12 times per year. The advisory committee may create subcommittees of its own membership, and each subcommittee shall meet as often as the subcommittee members find necessary. It is the intent of the Legislature that all advisory committee members shall actively participate in all advisory committee deliberations required by this chapter. Any member who, without advance notice to the executive director and without designating an alternative representative, misses three scheduled meetings in any calendar year for any reason other than severe temporary illness or injury (as determined by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820) shall automatically be removed from the advisory committee. If a member wishes to send an alternative representative in his or her place, advance written notification of this substitution shall be presented to the executive director. This notification shall be required for each meeting the appointed member elects not to attend. Members of the advisory committee shall receive no compensation for their services, but shall be reimbursed for travel and per diem expenses incurred as a result of attending meetings sponsored by the agency or agencies designated by the Director of Finance pursuant to Section 13820 under this chapter. (f) The executive director, in consultation with the High Technology Crime Advisory Committee, shall develop specific guidelines and administrative procedures for the selection of projects to be funded by the High Technology Theft Apprehension and Prosecution Program, which guidelines shall include the following selection criteria: (1) Each regional task force that seeks funds shall submit a written application to the committee setting forth in detail the proposed use of the funds. (2) In order to qualify for the receipt of funds, each proposed regional task force submitting an application shall provide written evidence that the agency meets either of the following conditions: (A) The regional task force devoted to the investigation and prosecution of high technology related crimes is comprised of local law enforcement and prosecutors, and has been in existence for at least one year prior to the application date. (B) At least one member of the task force has at least three years of experience in investigating or prosecuting cases of suspected high technology crime. (3) In order to qualify for funds, a regional task force shall be comprised of local law enforcement and prosecutors from at least two counties. At the time of funding, the proposed task force shall also have at least one investigator assigned to it from a state law enforcement agency. Each task force shall be directed by a local steering committee composed of representatives of participating agencies and members of the local high technology industry. (4) Additional criteria that shall be considered by the advisory committee in awarding grant funds shall include, but not be limited to, the following: (A) The number of high technology crime cases filed in the prior year. (B) The number of high technology crime cases investigated in the prior year. (C) The number of victims involved in the cases filed. (D) The total aggregate monetary loss suffered by the victims, including individuals, associations, institutions, or corporations, as a result of the high technology crime cases filed, and those under active investigation by that task force. (5) Each regional task force that has been awarded funds authorized under the High Technology Theft Apprehension and Prosecution Program during the previous grant-funding cycle, upon reapplication for funds to the committee in each successive year, shall be required to submit a detailed accounting of funds received and expended in the prior year in addition to any information required by this section. The accounting shall include all of the following information: (A) The amount of funds received and expended. (B) The use to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type. (C) The number of filed complaints, investigations, arrests, and convictions that resulted from the expenditure of the funds. (g) The committee shall annually review the effectiveness of the regional task forces created in deterring, investigating, and prosecuting high technology crimes and provide its findings in a report to the Legislature and the Governor. This report shall be based on information provided by the regional task forces in an annual report to the committee which shall detail the following: (1) Facts based upon, but not limited to, the following: (A) The number of high technology crime cases filed in the prior year. (B) The number of high technology crime cases investigated in the prior year. (C) The number of victims involved in the cases filed. (D) The number of convictions obtained in the prior year. (E) The total aggregate monetary loss suffered by the victims, including individuals, associations, institutions, corporations, and other relevant public entities, according to the number of cases filed, investigations, prosecutions, and convictions obtained. (2) An accounting of funds received and expended in the prior year, which shall include all of the following: (A) The amount of funds received and expended. (B) The uses to which those funds were put, including payment of salaries and expenses, purchase of supplies, and other expenditures of funds. (C) Any other relevant information requested. SEC. 62. Section 13851 of the Penal Code is amended to read: 13851. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial, training, and technical assistance for local law enforcement, called the California Career Criminal Apprehension Program. All funds made available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of of the agency or agencies designated by the Director of Finance pursuant to Section 13820. (b) The executive director is authorized to allocate and award funds to those local units of government or combinations thereof, in which a special program is established in law enforcement agencies that meets the criteria set forth in Sections 13852 and 13853. (c) The allocation and award of funds shall be made upon application executed by the chief law enforcement officer of the applicant unit of government and approved by the legislative body. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Career Criminal Apprehension Program, be made available to support the apprehension of multiple or repeat felony criminal offenders. (d) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall prepare and issue administrative guidelines and procedures for the California Career Criminal Apprehension Program consistent with this chapter. (e) These guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders or standards of general application. SEC. 63. Section 13854 of the Penal Code is amended to read: 13854. (a) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, shall develop specific guidelines, and administrative procedures, for the selection of the California Career Criminal Apprehension Program. (b) Administration of the overall program and the evaluation and monitoring of all grants made under this chapter shall be performed by the agency or agencies designated by the Director of Finance pursuant to Section 13820, provided that funds expended for those functions shall not exceed 7.5 percent of the total annual amount made available for the purpose of this chapter. (c) Local assistance grants made pursuant to this chapter shall not be subject to review pursuant to Section 10290 of the Public Contract Code. SEC. 64. Section 13861 of the Penal Code is amended to read: 13861. There is hereby created in the agency or agencies designated by the Director of Finance pursuant to Section 13820 the Suppression of Drug Abuse in Schools Program. All funds made available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of the office in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee established pursuant to Section 13863. (a) The executive director, in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee, is authorized to allocate and award funds to local law enforcement agencies and public schools jointly working to develop drug abuse prevention and drug trafficking suppression programs in substantial compliance with the policies and criteria set forth in Sections 13862 and 13863. (b) The allocation and award of funds shall be made upon the joint application by the chief law enforcement officer of the coapplicant law enforcement agency and approved by the law enforcement agency's legislative body and the superintendent and board of the school district coapplicant. The joint application of the law enforcement agency and the school district shall be submitted for review to the Local Suppression on Drug Abuse in Schools Advisory Committee established pursuant to paragraph (4) of subdivision (a) of Section 13862. After review, the application shall be submitted to the agency or agencies designated by the Director of Finance pursuant to Section 13820. Funds disbursed under this chapter may enhance but shall not supplant local funds that would, in the absence of the Suppression of Drug Abuse in Schools Program, be made available to suppress and prevent drug abuse among schoolage children and to curtail drug trafficking in and around school areas. (c) The coapplicant local law enforcement agency and the coapplicant school district may enter into interagency agreements between themselves which will allow the management and fiscal tasks created pursuant to this chapter and assigned to both the law enforcement agency and the school district to be performed by only one of them. (d) Within 90 days of the effective date of this chapter, the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 in consultation with the State Suppression of Drug Abuse in Schools Advisory Committee established pursuant to Section 13863 shall prepare and issue administrative guidelines and procedures for the Suppression of Drug Abuse in Schools Program consistent with this chapter. In addition to all other formal requirements that may apply to the enactment of these guidelines and procedures, a complete and final draft shall be submitted within 60 days of the effective date of this chapter to the Chairpersons of the Committee on Criminal Law and Public Safety of the Assembly and the Judiciary Committee of the Senate of the California Legislature. SEC. 65. Section 13864 of the Penal Code is amended to read: 13864. There is hereby created, in the agency or agencies designated by the Director of Finance pursuant to Section 13820, the Comprehensive Alcohol and Drug Prevention Education component of the Suppression of Drug Abuse in Schools Program in public elementary schools in grades 4 to 6, inclusive. Notwithstanding Section 13861 or any other provision in this code, all Comprehensive Alcohol and Drug Prevention Education component funds made available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 in accordance with the Classroom Instructional Improvement and Accountability Act shall be administered by and disbursed to county superintendents of schools in this state by the Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820. All applications for that funding shall be reviewed and evaluated by the agency or agencies designated by the Director of Finance pursuant to Section 13820, in consultation with the State Department of Alcohol and Drug Programs and the State Department of Education. (a) The executive director is authorized to allocate and award funds to county department superintendents of schools for allocation to individual school districts or to a consortium of two or more school districts. Applications funded under this section shall comply with the criteria, policies, and procedures established under subdivision (b) of this section. (b) As a condition of eligibility for the funding described in this section, the school district or consortium of school districts shall have entered into an agreement with a local law enforcement agency to jointly implement a comprehensive alcohol and drug abuse prevention, intervention, and suppression program developed by the agency or agencies designated by the Director of Finance pursuant to Section 13820, in consultation with the State Department of Alcohol and Drug Programs and the State Department of Education, containing all of the following components: (1) A standardized age-appropriate curriculum designed for pupils in grades 4 to 6, inclusive, specifically tailored and sensitive to the socioeconomic and ethnic characteristics of the target pupil population. Although new curricula shall not be required to be developed, existing curricula may be modified and adapted to meet local needs. The elements of the standardized comprehensive alcohol and drug prevention education program curriculum shall be defined and approved by the Governor's Policy Council on Drug and Alcohol Abuse, as established by Executive Order # D-70-80. (2) A planning process that shall include both assessment of the school district's characteristics, resources and the extent of problems related to juvenile drug abuse, and input from local law enforcement agencies. (3) A school district governing board policy that provides for a coordinated intervention system that, at a minimum, includes procedures for identification, intervention, and referral of at-risk alcohol- and drug-involved youth, and identifies the roles and responsibilities of law enforcement, school personnel, parents, and pupils. (4) Early intervention activities that include, but are not limited to, the identification of pupils who are high risk or have chronic drug abuse problems, assessment, and referral for appropriate services, including ongoing support services. (5) Parent education programs to initiate and maintain parental involvement, with an emphasis for parents of at-risk pupils. (6) Staff and in-service training programs, including both indepth training for the core team involved in providing program services and general awareness training for all school faculty and administrative, credentialed, and noncredentialed school personnel. (7) In-service training programs for local law enforcement officers. (8) School, law enforcement, and community involvement to ensure coordination of program services. Pursuant to that coordination, the school district or districts and other local agencies are encouraged to use a single community advisory committee or task force for drug, alcohol, and tobacco abuse prevention programs, as an alternative to the creation of a separate group for that purpose under each state or federally funded program. (c) The application of the county superintendent of schools shall be submitted to the agency or agencies designated by the Director of Finance pursuant to Section 13820. Funds made available to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for allocation under this section are intended to enhance, but shall not supplant, local funds that would, in the absence of the Comprehensive Alcohol and Drug Prevention Education component, be made available to prevent, intervene in, or suppress drug abuse among schoolage children. For districts that are already implementing a comprehensive drug abuse prevention program for pupils in grades 4 to 6, inclusive, the county superintendent shall propose the use of the funds for drug prevention activities in school grades other than 4 to 6, inclusive, compatible with the program components of this section. The expenditure of funds for that alternative purpose shall be approved by the executive director. (1) Unless otherwise authorized by the agency or agencies designated by the Director of Finance pursuant to Section 13820, each county superintendent of schools shall be the fiscal agent for any Comprehensive Alcohol and Drug Prevention Education component award, and shall be responsible for ensuring that each school district within that county receives the allocation prescribed by the agency or agencies designated by the Director of Finance pursuant to Section 13820. Each county superintendent shall develop a countywide plan that complies with program guidelines and procedures established by the agency or agencies designated by the Director of Finance pursuant to Section 13820 pursuant to subdivision (d). A maximum of 5 percent of the county's allocation may be used for administrative costs associated with the project. (2) Each county superintendent of schools shall establish and chair a local coordinating committee to assist the superintendent in developing and implementing a countywide implementation plan. This committee shall include the county drug administrator, law enforcement executives, school district governing board members and administrators, school faculty, parents, and drug prevention and intervention program executives selected by the superintendent and approved by the county board of supervisors. (d) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820, in consultation with the State Department of Alcohol and Drug Programs and the State Department of Education, shall prepare and issue guidelines and procedures for the Comprehensive Alcohol and Drug Prevention Education component consistent with this section. (e) The Comprehensive Alcohol and Drug Prevention Education component guidelines shall set forth the terms and conditions upon which the agency or agencies designated by the Director of Finance pursuant to Section 13820 is prepared to award grants of funds pursuant to this section. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (f) Funds awarded under the Comprehensive Alcohol and Drug Prevention Education Program shall not be subject to Section 10318 of the Public Contracts Code. (g) Funds available pursuant to Item 8100-111-001 and Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or the successor provision of the appropriate Budget Act, shall be allocated to implement this section. (h) The Executive Director of the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall collaborate, to the extent possible, with other state agencies that administer drug, alcohol, and tobacco abuse prevention education programs to streamline and simplify the process whereby local educational agencies apply for drug, alcohol, and tobacco education funding under this section and under other state and federal programs. The agency or agencies designated by the Director of Finance pursuant to Section 13820, the State Department of Alcohol and Drug Programs, the State Department of Education, and other state agencies, to the extent possible, shall develop joint policies and collaborate planning in the administration of drug, alcohol, and tobacco abuse prevention education programs. SEC. 66. Section 13876 of the Penal Code is amended to read: 13876. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a pilot program of technical and financial assistance for counties, designated the California Drug Endangered Child Protection Act. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. The agency or agencies designated by the Director of Finance pursuant to Section 13820 may retain up to 5 percent of the amount appropriated for purposes of this act to cover costs associated with administering this program. (b) The executive director is authorized to allocate and award funds to counties in which the California Drug Endangered Child Protection Act is implemented in substantial compliance with the policies and criteria set forth in this chapter. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney, or county sheriff, if the sheriff is currently the lead agency in the county's existing Drug Endangered Children Program, and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Drug Endangered Child Protection Act, be made available to support the functions of this program. The district attorney or county sheriff shall consult with each agency receiving funding as part of the county's Drug Endangered Children Program to develop the budget submitted to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of implementing this chapter. (d) Law enforcement, prosecution, health, and children's services personnel working on multiagency teams established pursuant to this chapter shall be considered "multidisciplinary personnel" as defined in Section 18951 of the Welfare and Institutions Code, and may share information necessary for the protection of the minor. SEC. 67. Section 13879 of the Penal Code is amended to read: 13879. Commencing one year after the effective date of this chapter, the agency or agencies designated by the Director of Finance pursuant to Section 13820 shall make an annual report to the Legislature on the fiscal and operational status of the program. This report shall include, at a minimum, an evaluation of the number of clandestine laboratories seized, the number of children located and removed from clandestine laboratories, and the number of prosecutions of individuals involved in the manufacturing and distribution of methamphetamine or other controlled substances manufactured at clandestine laboratories where children are present. SEC. 68. Section 13879.5 of the Penal Code is amended to read: 13879.5. (a) Available funds may be used by the agency or agencies designated by the Director of Finance pursuant to Section 13820 to fund countywide Drug Endangered Children Programs in the Counties of Butte, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Shasta, for the purpose of implementing this chapter. (b) (1) The funds available in subdivision (a) that remain after funding the countywide programs specified in subdivision (a) may be distributed to up to five additional counties to fund Drug Endangered Children Programs. These funds shall be distributed to counties on a competitive grant basis. (2) The following factors shall be considered in awarding these grants: (A) Size of the county. (B) Number of clandestine laboratories seized in the county. (C) Number of prosecutions brought against clandestine laboratories at which children were found. (D) Number of children found at seized or prosecuted clandestine laboratories. (E) Does the county have the demonstrated ability to utilize multiagency emergency response teams to meet the immediate health and safety needs of children found at clandestine drug laboratories, as well as a demonstrated ability to prosecute the individuals operating those laboratories. (3) One representative of each local agency involved in implementing a county's Drug Endangered Children Program shall form an executive committee, the function of which is to distribute the grant funds awarded the county under subdivision (a) in a fair and equitable manner and for the purposes of implementing this chapter. (4) The county health and welfare agencies shall be responsible for coordinating health-related services for children living in clandestine laboratories seized by a county drug endangered children response team pursuant to this program. The county health and welfare agencies shall consult with the district attorney when developing the health services protocols in order to ensure that the health services protocols do not interfere with the law enforcement functions of the drug endangered children response teams. SEC. 69. Section 13881 of the Penal Code is amended to read: 13881. (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a program of financial and technical assistance for district attorneys' offices, designated the California Major Narcotic Vendors Prosecution Law. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director of the office in consultation with the California Council on Criminal Justice, and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. (b) The executive director is authorized to allocate and award funds to counties in which the California Major Narcotic Vendors Prosecution Law is implemented in substantial compliance with the policies and criteria set forth in this chapter. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Major Narcotic Vendors Prosecution Law, be made available to support the prosecution of felony drug cases. Funds available under this program shall not be subject to review, as specified in Section 14780 of the Government Code. (d) The executive director shall prepare and issue written program and administrative guidelines and procedures for the California Major Narcotic Vendors Prosecution Program consistent with this chapter, which shall be submitted to the Chairpersons of the Assembly Committee on Public Safety and the Senate Committee on Criminal Procedure. These guidelines shall permit the selection of a county for the allocation and award of funds only on a finding by the agency or agencies designated by the Director of Finance pursuant to Section 13820 that the county is experiencing a proportionately significant increase in major narcotic cases. Further, the guidelines shall provide for the allocation and award of funds to small county applicants, as designated by the executive director. The guidelines shall also provide that any funds received by a county under this chapter shall be used only for the prosecution of cases involving major narcotic dealers. For purposes of this subdivision, "small county" means a county having a population of 200,000 or less. SEC. 70. Section 13897.2 of the Penal Code is amended to read: 13897.2. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1. (b) The center shall: (1) Provide callers with information about victims' legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights. (2) Provide callers who provide services to victims of crime with legal information regarding the legal rights of victims of crime. (3) Advise callers about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services. (4) Advise and assist callers in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute. (5) Advise callers about victims' rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses. (6) Refer callers, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers. (7) Refer callers to local resources for information about appropriate public and private benefits and the means of obtaining aid. (8) Publicize the existence of the toll-free service through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities. (9) Compile comprehensive referral lists of local resources that include the following: victims' assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and victims' support groups. (10) Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local victims' service programs. (11) Research, compile, and maintain a library of legal information concerning crime victims and their rights. (12) Provide a 20-percent minimum cash match for all funds appropriated pursuant to this chapter which match may include federal and private funds in order to supplement any funds appropriated by the Legislature. (c) The resource center shall be located so as to assure convenient and regular access between the center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and have demonstrated substantial capacity and experience serving crime victims in areas required by this act. (d) The services of the resource center shall not duplicate the victim service activities of the agency or agencies designated by the Director of Finance pursuant to Section 13820 or those activities of local victim programs funded through the office. (e) The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, "federally approved indirect cost rate" means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. Nothing in this section shall be construed as requiring the agency or agencies designated by the Director of Finance pursuant to Section 13820 to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the office. (f) All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center. SEC. 71. Section 13897.3 of the Penal Code is amended to read: 13897.3. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall develop written guidelines for funding and performance standards for monitoring the effectiveness of the resource center program. The program shall be evaluated by a public or private nonprofit entity under a contract with the agency or agencies designated by the Director of Finance pursuant to Section 13820. SEC. 72. Section 13901 of the Penal Code is amended to read: 13901. (a) For the purposes of coordinating local criminal justice activities and planning for the use of state and federal action funds made available through any grant programs, criminal justice and delinquency prevention planning districts shall be established. (b) On January 1, 1976, all planning district boundaries shall remain as they were immediately prior to that date. Thereafter, the number and boundaries of those planning districts may be altered from time to time by a two-thirds vote of the California Council on Criminal Justice pursuant to this section; provided that no county shall be divided into two or more districts, nor shall two or more counties which do not comprise a contiguous area form a single district. (c) Prior to taking any action to alter the boundaries of any planning district, the council shall adopt a resolution indicating its intention to take the action and, at least 90 days prior to the taking of the action, shall forward a copy of the resolution to all units of government directly affected by the proposed action together with notice of the time and place at which the action will be considered by the council. (d) If any county or a majority of the cities directly affected by the proposed action objects thereto, and a copy of the resolution of each board of supervisors or city council stating its objection is delivered to the executive office of the agency or agencies designated by the Director of Finance pursuant to Section 13820 within 30 days following the giving of the notice of the proposed action, the council, or a duly constituted committee thereof, shall conduct a public meeting within the boundaries of the district as they are proposed to be determined. Notice of the time and place of the meeting shall be given to the public and to all units of local government directly affected by the proposed action, and reasonable opportunity shall be given to members of the public and representatives of those units to present their views on the proposed action. SEC. 73. Section 14111 of the Penal Code is amended to read: 14111. The Legislature further finds that: (a) It is in the public interest to translate the findings of the California Commission on Crime Control and Violence Prevention into community-empowering, community-activated violence prevention efforts that would educate, inspire, and inform the citizens of California about, coordinate existing programs relating to, and provide direct services addressing the root causes of, violence in California. (b) The recommendations in the report of the commission can serve as both the foundation and guidelines for short-, intermediate-, and long-term programs to address and alleviate violence in California. (c) It is in the public interest to facilitate the highest degree of coordination between, cooperation among, and utilization of public, nonprofit, and private sector resources, programs, agencies, organizations, and institutions toward maximally successful violence prevention and crime control efforts. (d) Prevention is a sound fiscal, as well as social, policy objective. Crime and violence prevention programs can and should yield substantially beneficial results with regard to the exorbitant costs of both violence and crime to the public and private sectors. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 is the appropriate state agency to contract for programs addressing the root causes of violence. SEC. 74. Section 14112 of the Penal Code is amended to read: 14112. The Legislature therefore intends: (a) To develop community violence prevention and conflict resolution programs, in the state, based upon the recommendations of the California Commission on Crime Control and Violence Prevention, that would present a balanced, comprehensive educational, intellectual, and experiential approach toward eradicating violence in our society. (b) That these programs shall be regulated, and funded pursuant to contracts with the agency or agencies designated by the Director of Finance pursuant to Section 13820. SEC. 75. Section 14117 of the Penal Code is amended to read: 14117. (a) Each program shall have a governing board or an interagency coordinating team, or both, of at least nine members representing a cross section of existing and recipient, community-based, public and private persons, programs, agencies, organizations, and institutions. Each team shall do all of the following: (1) As closely as possible represent the socioeconomic, ethnic, linguistic, and cultural makeup of the community and shall evidence an interest in and commitment to the categorical areas of violence prevention and conflict resolution. (2) Be responsible for the implementation, evaluation, and operation of the program and all its constituent elements, including those specific direct services as may be provided pursuant to Section 14115. (3) Be accountable for the distribution of all funds. (4) Designate and appoint a responsible administrative authority acceptable to the agency or agencies designated by the Director of Finance pursuant to Section 13820 prior to the receipt of a grant. (5) Submit an annual report to the agency or agencies designated by the Director of Finance pursuant to Section 13820 which shall include information on all of the following: (A) The number of learning events. (B) The number of persons trained. (C) An overview of the changing level of information regarding root causes of violence. (D) An overview of the changing level of attitude regarding root causes of violence. (E) The changing level of behavior regarding root causes of violence. (F) The degree to which the program has been successful in satisfying the requirements set forth in subdivisions (e) and (f) of Section 14114. (G) Other measures of program efficacy as specified by the agency or agencies designated by the Director of Finance pursuant to Section 13820. (b) Coordinating teams established under this section may adopt local policies, procedures, and bylaws consistent with this title. SEC. 76. Section 14118 of the Penal Code is amended to read: 14118. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall prepare and issue written program, fiscal, and administrative guidelines for the contracted programs that are consistent with this title, including guidelines for identifying recipient programs, agencies, organizations, and institutions, and organizing the coordinating teams. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall then issue a request for proposals. The responses to the request for proposals shall be rated according to the priorities set forth in subdivision (b) and additional criteria established by the guidelines. The highest rated responses shall be selected. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall do all of the following: (1) Subject the proposed program and administrative guidelines to a 30-day period of broad public evaluation with public hearings commencing in May 1985, prior to adoption, including specific solicitation of input from culturally, geographically, socioeconomically, educationally, and ethnically diverse persons, programs, agencies, organizations, and institutions. (2) Provide adequate public notice of the public evaluation around the state in major metropolitan and rural newspapers and related media outlets, and to local public, private, and nonprofit human service executives and advisory boards, and other appropriate persons and organizations. (3) Establish a mechanism for obtaining, evaluating, and incorporating when appropriate and feasible, public input regarding the written program and administrative guidelines prior to adoption. (b) Applicants for contracts under this title may be existing community-based public and nonprofit programs, agencies, organizations, and institutions, newly developed nonprofit corporations, or joint proposals from combinations of either or both of the above. SEC. 77. Section 14119 of the Penal Code is amended to read: 14119. (a) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall promote, organize, and conduct a series of one-day crime and violence prevention training workshops around the state. The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall seek participation in the workshops from ethnically, linguistically, culturally, educationally, and economically diverse persons, agencies, organizations, and institutions. (b) The training workshops shall have all of the following goals: (1) To identify phenomena which are thought to be root causes of crime and violence. (2) To identify local manifestations of those root causes. (3) To examine the findings and recommendations of the California Commission on Crime Control and Violence Prevention. (4) To focus on team building and interagency cooperation and coordination toward addressing the local problems of crime and violence. (5) To examine the merits and necessity of a local crime and violence prevention effort. (c) There shall be at least three workshops. SEC. 78. Section 14120 of the Penal Code is amended to read: 14120. (a) Programs shall be funded, depending upon the availability of funds, for a period of two years. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall provide 50 percent of the program costs, to a maximum amount of fifty thousand dollars ($50,000) per program per year. The recipient shall provide the remaining 50 percent with other resources which may include in-kind contributions and services. The administrative expenses for the pilot programs funded under Section 14120 shall not exceed 10 percent. (c) Programs should be seeking private sector moneys and developing ways to become self-sufficient upon completion of pilot program funding. (d) The recipient programs shall be responsible for a yearend independent audit. (e) The agency or agencies designated by the Director of Finance pursuant to Section 13820 shall do an interim evaluation of the programs, commencing in July 1986, and shall report to the Legislature and the people with the results of the evaluation prior to October 31, 1986. The evaluation shall include, but not be limited to, an assessment and inventory of all of the following: (1) The number of learning events. (2) The number of persons trained. (3) The changing level of information regarding root causes of violence. (4) The changing level of attitude regarding root causes of violence. (5) The changing level of behavior regarding root causes of violence. (6) The reduced level of violence in our society. (7) The degree to which the program has succeeded in reaching and impacting positively upon local ethnic, cultural, and socioeconomic groups in the service area. A final evaluation shall be made with a report prior to October 31, 1987, which shall also include specific recommendations to the Legislature and the people of this state regarding methods and means by which these violence prevention and crime control programmatic efforts can be enhanced and improved. SEC. 79. Section 14121 of the Penal Code is amended to read: 14121. The agency or agencies designated by the Director of Finance pursuant to Section 13820 may hire support staff and utilize resources necessary to carry out the purposes of this title. SEC. 80. Section 14140 of the Penal Code is amended to read: 14140. (a) Each county is authorized and encouraged to create a county task force on violent crimes against women. The board of supervisors of a county which elects to create a task force under this section shall notify the agency or agencies designated by the Director of Finance pursuant to Section 13820 that the county is establishing, by appointment, a countywide task force. Each county task force shall develop a countywide policy on violent crimes against women. (b) The agency or agencies designated by the Director of Finance pursuant to Section 13820 may provide technical assistance to, and collect and disseminate information on, the county task forces established under this section. SEC. 81. Section 14172 of the Penal Code is amended to read: 14172. By June 30, 2001, each designated county shall prepare and submit to the Legislative Analyst a detailed cost-benefit analysis of the entire program, wherein the cost to operate the program shall be measured against savings realized from crime prevention, crime suppression, and the number of prosecutions resulting from the program. These savings shall include the reduction of economic loss resulting from crime during the life of the project. The Legislative Analyst shall evaluate the program, in consultation with the agency or agencies designated by the Director of Finance pursuant to Section 13820, and shall present its evaluation, including a detailed cost-benefit analysis of the entire program, to the Governor, the Joint Legislative Budget Committee, and the fiscal committees of the Legislature, by December 31, 2001.