Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2524

Introduced by Assembly Member Irwin

February 19, 2016

An act to amend Section begin delete 13013 end delete begin insert 12525.2 end insert of the begin insert Government Code, and to amend Sections 13010, 13010.5, 13012, 13012.6, 13013, 13014, 13023, and 13519.4 of the end insert Penal Code, relating to criminal justice.

LEGISLATIVE COUNSEL’S DIGEST

AB 2524, as amended, Irwin. begin delete Criminal justice statistics: data set. end delete begin insert OpenJustice Data Act of 2016. end insert

begin insert

Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.

end insert begin insert

This bill would instead require the department to make available to the public information relating to criminal statistics through the department’s OpenJustice Web portal, to be updated at least once per quarter, and would limit the reporting format of the criminal justice data to electronic means. The bill would require the department to transition to digital collection of all data by January 1, 2018. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.

end insert begin insert

This bill would make conforming changes to related provisions, concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.

end insert begin insert

By requiring local agencies to use electronic means to submit specified information to the department, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies and prepare an annual report presenting the collected data. Existing law also requires the department to maintain a data set, updated annually, relating to crimes reported, number of clearances, and clearance rates reported by local law enforcement agencies. Existing law requires that this data set be available through a prominently displayed hypertext link on the department’s Internet Web site.

end delete begin delete

This bill would instead require that the data set be available through either the department’s Internet Web site, as specified above, or the department’s OpenJustice data portal.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known, and may be cited, as the
OpenJustice Data Act of 2016. end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares all of the following:

end insert begin insert

(a) The advent of new technology and the growth of data
analytics have dramatically enhanced both the value and the
accessibility of information, providing new opportunities for the
public to engage with the government and benefit from information
possessed by the state.

end insert begin insert

(b) The rise in digitization of information has significantly
increased the speed of communication while specifically improving
the efficiency at which documents may be shared across public
agencies.

end insert begin insert

(c) The Department of Justice has traditionally maintained a
centralized data repository for public safety information collected
at the local level and submitted to the department for purposes of
aggregation, analysis, and dissemination through an annual report,
which is currently distributed as either a paper or static electronic
annual report entitled Crime in California, as well as additional
specialized crime reports.

end insert begin insert

(d) In 2015, the Attorney General announced the launch of
OpenJustice, a criminal justice Web portal that features both an
interactive dashboard that provides data visualization with
accompanying analysis and an open data portal that publishes
raw data.

end insert begin insert

(e) Reinventing the department’s crime reports as an Internet
Web site within the OpenJustice Web portal will enable the public
to receive dynamic, customized information that will significantly
strengthen trust, enhance government accountability, and support
real-time public policy decisionmaking.

end insert begin insert

(f) Despite the many advantages of digital data collection, only
approximately 40 percent of local law enforcement agencies
currently submit required data sets through electronic means,
impeding the ability of the state to implement a uniform reporting
structure through which information is made available to the public
more frequently and more effectively.

end insert begin insert

(g) There are significant public benefits in modernizing how
public agencies engage with data and in encouraging the adoption
of contemporary digital technologies to reduce the inefficiencies
and environmental impacts of paper recordkeeping.

end insert begin insert

(h) Requiring local agencies to submit information to the
department through electronic means will streamline the collection
of the information so that it may be more quickly and economically
made available to the public through the OpenJustice Web portal.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12525.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12525.2.  

(a) Beginning January 1, 2017, each law enforcement
agency shall annually furnish to the Department of Justice, in a
manner defined and prescribed by the Attorney General, a report
of all instances when a peace officer employed by that agency is
involved in any of the following:

(1) An incident involving the shooting of a civilian by a peace
officer.

(2) An incident involving the shooting of a peace officer by a
civilian.

(3) An incident in which the use of force by a peace officer
against a civilian results in serious bodily injury or death.

(4) An incident in which use of force by a civilian against a
peace officer results in serious bodily injury or death.

(b) For each incident reported under subdivision (a), the
information reported to the Department of Justice shall include,
but not be limited to, all of the following:

(1) The gender, race, and age of each individual who was shot,
injured, or killed.

(2) The date, time, and location of the incident.

(3) Whether the civilian was armed, and, if so, the type of
weapon.

(4) The type of force used against the officer, the civilian, or
both, including the types of weapons used.

(5) The number of officers involved in the incident.

(6) The number of civilians involved in the incident.

(7) A brief description regarding the circumstances surrounding
the incident, which may include the nature of injuries to officers
and civilians and perceptions on behavior or mental disorders.

(c) Each year, the Department of Justice shall include a summary
of information contained in the reports received pursuant to
subdivision (a) begin delete in its annual crime report issued by the department end delete
begin insert through the department’s OpenJustice Web portal end insert pursuant to
Section 13010 of the Penal Code. This information shall be
classified according to the reporting law enforcement jurisdiction.
In cases involving a peace officer who is injured or killed, the
report shall list the officer’s employing jurisdiction and the
jurisdiction where the injury or death occurred, if they are not the
same. This subdivision does not authorize the release to the public
of the badge number or other unique identifying information of
the peace officer involved.

(d) For purposes of this section, “serious bodily injury” means
a bodily injury that involves a substantial risk of death,
unconsciousness, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member
or organ.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 13010 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13010.  

It shall be the duty of the department:

(a) To collect data necessary for the work of the department
from all persons and agencies mentioned in Section 13020 and
from any other appropriate source.

(b) To prepare and distribute to all those persons and agencies,
begin delete cards, forms, or end delete electronic means used in reporting data to the
department. The begin delete cards, forms, or end delete electronic means may, in addition
to other items, include items of information needed by federal
bureaus or departments engaged in the development of national
and uniform criminal statistics.

(c) To recommend the form and content of records begin delete which end delete begin insert that end insert
must be kept by those persons and agencies in order to ensure the
correct reporting of data to the department.

(d) To instruct those persons and agencies in the installation,
maintenance, and use of those records and in the reporting of data
therefrom to the department.

(e) To process, tabulate, begin delete analyze end delete begin insert analyze, end insert and interpret the data
collected from those persons and agencies.

(f) To supply, at their request, to federal bureaus or departments
engaged in the collection of national criminal statistics data they
need from this state.

(g)  begin delete To present to the Governor, on or before July 1st, an annual
report containing the end delete begin insert To make available to the public, through the
department’s OpenJustice Web portal, information relating to end insert
criminal begin delete statistics of the preceding calendar year end delete begin insert statistics, to be
updated at least once per quarter, end insert and to present at other times as
the Attorney General may approve reports on special aspects of
criminal statistics. A sufficient number of copies of begin delete all reports end delete begin insert a
downloadable summary of this information end insert shall be begin insert annually end insert
prepared to enable the Attorney General to send a copy to begin insert the
Governor and to end insert all public officials in the state dealing with
criminals and to distribute them generally in channels where they
will add to the public enlightenment.

(h) To begin insert transition to digital collection of all data by January 1,
2018, to end insert periodically review the requirements of units of
government using criminal justice statistics, and to make
recommendations for changes it deems necessary in the design of
criminal justice statistics systems, including new techniques of
collection and processing made possible by automation.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 13010.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13010.5.  

begin insert (a) end insert begin insert   end insert The department shall collect data pertaining to
the juvenile justice system for criminal history and statistical
purposes. This information shall serve to assist the begin delete department end delete
begin insert department, through its bureau whose mission is to protect the
rights of children, end insert in complying with the reporting requirement of
begin delete subdivisions (c) and (d) end delete begin insert paragraphs (3) and (4) of subdivision (a) end insert
of Section 13012, measuring the extent of juvenile delinquency,
determining the need for and effectiveness of relevant legislation,
and identifying long-term trends in juvenile delinquency. Any data
collected pursuant to this section may include criminal history
information begin delete which end delete begin insert that end insert may be used by the department to comply
with the requirements of Section 602.5 of the Welfare and
Institutions Code.

begin insert

(b) Statistical data collected pursuant to this section shall be
made available to the public through the OpenJustice Web portal.
The department may make available data collected pursuant to
this section in the same manner as data collected pursuant to
Section 13202.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 13012 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13012.  

(a) The begin delete annual report of the department provided for
in end delete begin insert information published on the OpenJustice Web portal pursuant
to end insert Section 13010 shall contain statistics showing all of the
following:

(1) The amount and the types of offenses known to the public
authorities.

(2) The personal and social characteristics of criminals and
delinquents.

(3) The administrative actions taken by law enforcement,
begin insert prosecutorial, end insert judicial, penal, and correctional agencies or
institutions, including those in the juvenile justice system, in
dealing with criminals or delinquents.

(4) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional begin delete agencies, end delete begin insert agencies
or institutions, end insert including those in the juvenile justice system, in
dealing with minors who are the subject of a petition or hearing
in the juvenile court to transfer their case to the jurisdiction of an
adult criminal court or whose cases are directly filed or otherwise
initiated in an adult criminal court.

(5) (A) The total number of each of the following:

(i) Citizen complaints received by law enforcement agencies
under Section 832.5.

(ii) Citizen complaints alleging criminal conduct of either a
felony or misdemeanor.

(iii) Citizen complaints alleging racial or identity profiling, as
defined in subdivision (e) of Section 13519.4. These statistics shall
be disaggregated by the specific type of racial or identity profiling
alleged, such as based on a consideration of race, color, ethnicity,
national origin, religion, gender identity or expression, sexual
orientation, or mental or physical disability.

(B) The statistics reported under this paragraph shall provide,
for each category of complaint identified under subparagraph (A),
the number of complaints within each of the following disposition
categories:

(i) “Sustained,” which means that the investigation disclosed
sufficient evidence to prove the truth of allegation in the complaint
by preponderance of evidence.

(ii) “Exonerated,” which means that the investigation clearly
established that the actions of the personnel that formed the basis
of the complaint are not a violation of law or agency policy.

(iii) “Not sustained,” which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.

(iv) “Unfounded,” which means that the investigation clearly
established that the allegation is not true.

(C) The reports under subparagraphs (A) and (B) shall be made
available to the public and disaggregated for each individual law
enforcement agency.

(b) It shall be the duty of the department to begin insert use the latest
advances in data science to end insert give adequate interpretation of the
statistics and so to present the information that it may be of value
in guiding the policies of the Legislature and of those in charge of
the apprehension, prosecution, and treatment of the criminals and
delinquents, or concerned with the prevention of crime and
delinquency. begin insert This interpretation shall be presented in clear and
informative formats on the OpenJustice Web portal. end insert The begin delete report end delete
begin insert Web portal end insert shall also include statistics begin delete which end delete begin insert that end insert are comparable
with national uniform criminal statistics published by federal
bureaus or departments heretofore mentioned.

(c) Each year, on an annual basis, the Racial and Identity
Profiling begin insert Advisory end insert Board (RIPA), established pursuant to paragraph
(1) of subdivision (j) of Section 13519.4, shall analyze the statistics
reported pursuant to subparagraphs (A) and (B) of paragraph (5)
of subdivision (a) of this section. RIPA’s analysis of the complaints
shall be incorporated into its annual report as required by paragraph
(3) of subdivision (j) of Section begin delete 13519.4. end delete begin insert 13519.4 and shall be
published on the OpenJustice Web portal. end insert The reports shall not
disclose the identity of peace officers.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 13012.6 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13012.6.  

The begin delete annual report end delete begin insert data end insert published by the department
begin insert on the OpenJustice Web portal end insert under Section 13010 shall include
information concerning arrests for violations of Section 530.5.

begin delete SECTION 1. end delete
begin insert SEC. 8. end insert   

Section 13013 of the Penal Code is amended to read:

13013.  

The department shall maintain a data set, updated
begin delete annually, end delete begin insert quarterly, end insert that contains the number of crimes reported,
number of begin delete clearances end delete begin insert clearances, end insert and clearance rates in California
as reported by individual law enforcement agencies. The data set
shall be made available begin delete through a prominently displayed hypertext
link on the department’s Internet Web site or end delete through the
begin delete department’s end delete OpenJustice begin delete data end delete begin insert Web end insert portal. This section shall not
be construed to require reporting any crimes other than those
required by Section 13012.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 13014 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13014.  

(a) The Department of Justice shall perform the
following duties concerning the investigation and prosecution of
homicide cases:

(1) Collect information, as specified in subdivision (b), on all
persons who are the victims of, and all persons who are charged
with, homicide.

(2) Adopt and distribute begin delete as a written form or end delete by electronic means
to all state and governmental entities that are responsible for the
investigation and prosecution of homicide cases forms that will
include information to be provided to the department pursuant to
subdivision (b).

(3) Compile, collate, index, and maintain begin delete a end delete begin insert an electronic end insert file of
the information required by subdivision (b). The file shall be
available to the general public during the normal business hours
of the department, begin insert as well as on the OpenJustice Web portal, end insert and
the department shall begin delete annually publish a report containing end delete begin insert quarterly
update end insert the information required by this section, which shall also
be available to the general public.

The department shall perform the duties specified in this
subdivision within its existing budget.

(b) Every state or local governmental entity responsible for the
investigation and prosecution of a homicide case shall provide the
department with demographic information about the victim and
the person or persons charged with the crime, including age,
gender, race, and ethnic background.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 13023 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13023.  

(a) Subject to the availability of adequate funding, the
Attorney General shall direct local law enforcement agencies to
report to the Department of Justice, in a manner to be prescribed
by the Attorney General, any information that may be required
relative to hate crimes. This information may include any general
orders or formal policies on hate crimes and the hate crime
pamphlet required pursuant to Section 422.92.

(b) On begin delete or before July 1 of each year, end delete begin insert a quarterly basis, end insert the
Department of Justice shall begin delete submit a report to the Legislature
analyzing the results of end delete begin insert update the OpenJustice Web portal with end insert
the information obtained from local law enforcement agencies
pursuant to this section. begin insert The department shall submit its analysis
of this information to the Legislature in the manner described in
subdivision (g) of Section 13010. end insert

(c) For purposes of this section, “hate crime” has the same
meaning as in Section 422.55.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 13519.4 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

13519.4.  

(a) The commission shall develop and disseminate
guidelines and training for all peace officers in California as
described in subdivision (a) of Section 13510 and who adhere to
the standards approved by the commission, on the racial and
cultural differences among the residents of this state. The course
or courses of instruction and the guidelines shall stress
understanding and respect for racial, identity, and cultural
differences, and development of effective, noncombative methods
of carrying out law enforcement duties in a diverse racial, identity,
and cultural environment.

(b) The course of basic training for peace officers shall include
adequate instruction on racial, identity, and cultural diversity in
order to foster mutual respect and cooperation between law
enforcement and members of all racial, identity, and cultural
groups. In developing the training, the commission shall consult
with appropriate groups and individuals having an interest and
expertise in the field of racial, identity, and cultural awareness and
diversity.

(c) For the purposes of this section the following shall apply:

(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual
orientation” have the same meaning as in Section 422.55.

(2) “Culturally diverse” and “cultural diversity” include, but
are not limited to, disability, gender, nationality, religion, and
sexual orientation issues.

(3) “Racial” has the same meaning as “race or ethnicity” in
Section 422.55.

(4) “Stop” has the same meaning as in paragraph (2) of
subdivision (g) of Section 12525.5 of the Government Code.

(d) The Legislature finds and declares as follows:

(1) The working men and women in California law enforcement
risk their lives every day. The people of California greatly
appreciate the hard work and dedication of peace officers in
protecting public safety. The good name of these officers should
not be tarnished by the actions of those few who commit
discriminatory practices.

(2) Racial or identity profiling is a practice that presents a great
danger to the fundamental principles of our Constitution and a
democratic society. It is abhorrent and cannot be tolerated.

(3) Racial or identity profiling alienates people from law
enforcement, hinders community policing efforts, and causes law
enforcement to lose credibility and trust among the people whom
law enforcement is sworn to protect and serve.

(4) Pedestrians, users of public transportation, and vehicular
occupants who have been stopped, searched, interrogated, and
subjected to a property seizure by a peace officer for no reason
other than the color of their skin, national origin, religion, gender
identity or expression, housing status, sexual orientation, or mental
or physical disability are the victims of discriminatory practices.

(5) It is the intent of the Legislature in enacting the changes to
this section made by the act that added this paragraph that
additional training is required to address the pernicious practice
of racial or identity profiling and that enactment of this section is
in no way dispositive of the issue of how the state should deal with
racial or identity profiling.

(e) “Racial or identity profiling,” for purposes of this section,
is the consideration of, or reliance on, to any degree, actual or
perceived race, color, ethnicity, national origin, age, religion,
gender identity or expression, sexual orientation, or mental or
physical disability in deciding which persons to subject to a stop
or in deciding upon the scope or substance of law enforcement
activities following a stop, except that an officer may consider or
rely on characteristics listed in a specific suspect description. The
activities include, but are not limited to, traffic or pedestrian stops,
or actions during a stop, such as asking questions, frisks,
consensual and nonconsensual searches of a person or any property,
seizing any property, removing vehicle occupants during a traffic
stop, issuing a citation, and making an arrest.

(f) A peace officer shall not engage in racial or identity profiling.

(g) Every peace officer in this state shall participate in expanded
training as prescribed and certified by the Commission on Peace
Officers Standards and Training.

(h) The curriculum shall be evidence-based and shall include
and examine evidence-based patterns, practices, and protocols that
make up racial or identity profiling, including implicit bias. This
training shall prescribe begin delete evidenced-based end delete begin insert evidence-based end insert patterns,
practices, and protocols that prevent racial or identity profiling. In
developing the training, the commission shall consult with the
Racial and Identity Profiling Advisory Board established pursuant
to subdivision (j). The course of instruction shall include, but not
be limited to, significant consideration of each of the following
subjects:

(1) Identification of key indices and perspectives that make up
racial, identity, and cultural differences among residents in a local
community.

(2) Negative impact of intentional and implicit biases,
prejudices, and stereotyping on effective law enforcement,
including examination of how historical perceptions of
discriminatory enforcement practices have harmed
police-community relations and contributed to injury, death,
disparities in arrest detention and incarceration rights, and wrongful
convictions.

(3) The history and role of the civil and human rights movement
and struggles and their impact on law enforcement.

(4) Specific obligations of peace officers in preventing,
reporting, and responding to discriminatory or biased practices by
fellow peace officers.

(5) Perspectives of diverse, local constituency groups and
experts on particular racial, identity, and cultural and
police-community relations issues in a local area.

(6) The prohibition against racial or identity profiling in
subdivision (f).

(i) Once the initial basic training is completed, each peace officer
in California as described in subdivision (a) of Section 13510 who
adheres to the standards approved by the commission shall be
required to complete a refresher course every five years thereafter,
or on a more frequent basis if deemed necessary, in order to keep
current with changing racial, identity, and cultural trends.

(j) (1) Beginning July 1, 2016, the Attorney General shall
establish the Racial and Identity Profiling Advisory Board (RIPA)
for the purpose of eliminating racial and identity profiling, and
improving diversity and racial and identity sensitivity in law
enforcement.

(2) RIPA shall include the following members:

(A) The Attorney General, or his or her designee.

(B) The President of the California Public Defenders
Association, or his or her designee.

(C) The President of the California Police Chiefs Association,
or his or her designee.

(D) The President of California State Sheriffs’ Association, or
his or her designee.

(E) The President of the Peace Officers Research Association
of California, or his or her designee.

(F) The Commissioner of the California Highway Patrol, or his
or her designee.

(G) A university professor who specializes in policing, and
racial and identity equity.

(H) Two representatives of human or civil rights tax-exempt
organizations who specialize in civil or human rights.

(I) Two representatives of community organizations who
specialize in civil or human rights and criminal justice, and work
with victims of racial and identity profiling. At least one
representative shall be between 16 and 24 years of age.

(J) Two religious clergy members who specialize in addressing
and reducing racial and identity bias toward individuals and groups.

(K) Up to two other members that the Governor may prescribe.

(L) Up to two other members that the President Pro Tempore
of the Senate may prescribe.

(M) Up to two other members that the Speaker of the Assembly
may prescribe.

(3) Each year, on an annual basis, RIPA shall do the following:

(A) Analyze the data reported pursuant to Section 12525.5 of
the Government Code and Section 13012 of the Penal Code.

(B) Analyze law enforcement training under this section.

(C) Work in partnership with state and local law enforcement
agencies to review and analyze racial and identity profiling policies
and practices across geographic areas in California.

(D) Conduct, and consult available, evidence-based research
on intentional and implicit biases, and law enforcement stop,
search, and seizure tactics.

(E) Issue a report that provides RIPA’s analysis under
subparagraphs (A) to (D), inclusive, begin insert and end insert detailed findings on the
past and current status of racial and identity profiling, and makes
policy recommendations for eliminating racial and identity
profiling. RIPA shall post the report on its Internet Web site. Each
report shall include disaggregated statistical data for each reporting
law enforcement agency. The report shall include, at minimum,
each reporting law enforcement agency’s total results for each data
collection begin delete criteria end delete begin insert criterion end insert under subdivision (b) of Section
12525.5 of the Government Code for each calendar year. The
reports shall be retained and made available to the public by posting
those reports on the Department of Justice’s begin delete Internet Web site. end delete
begin insert OpenJustice Web portal. end insert The first annual report shall be issued no
later than January 1, 2018. The reports are public records within
the meaning of subdivision (d) of Section 6252 of the Government
Code and are open to public inspection pursuant to Sections 6253,
6256, 6257, and 6258 of the Government Code.

(F) Hold at least three public meetings annually to discuss racial
and identity profiling, and potential reforms to prevent racial and
identity profiling. Each year, one meeting shall be held in northern
California, one in central California, and one in southern California.
RIPA shall provide the public with notice of at least 60 days before
each meeting.

(4) Pursuant to subdivision (e) of Section 12525.5 of the
Government Code, RIPA shall advise the Attorney General in
developing regulations for the collection and reporting of stop
data, and ensuring uniform reporting practices across all reporting
agencies.

(5) Members of RIPA shall not receive compensation, nor per
diem expenses, for their services as members of RIPA.

(6) No action of RIPA shall be valid unless agreed to by a
majority of its members.

(7) The initial terms of RIPA members shall be four years.

(8) Each year, RIPA shall elect two of its members as
cochairpersons.

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert