BILL NUMBER: SB 153 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Knight
JANUARY 30, 2001
An act to amend Section 1174.3 of, and to repeal Sections 221,
270, 1012.5, and 1167.25 of, the Code of Civil Procedure, to amend
Sections 65460.2, 65917, and 68086 of, to repeal Sections 14035.1,
14045, 14680.8, 65083, 65913.5, and 69845.6 of, to repeal Article 2
(commencing with Section 11805) of Chapter 8 of Part 1 of Division 3
of Title 2 of, and to repeal Chapter 1 (commencing with Section
15290) of Part 6.6 of Division 3 of Title 2 of, the Government Code,
to amend Section 43840 of, to repeal Sections 32354, 43841, 43841.5,
and 50502.5 of, to repeal Article 11 (commencing with Section
1339.51) of Chapter 2 of Division 2 of, and to repeal Article 11.6
(commencing with Section 25242.5) of Chapter 6.5 of Division 20 of,
the Health and Safety Code, to repeal Section 4612 of the Labor Code,
to amend Sections 14114 and 14119 of, to repeal Sections 1348.5,
2053.3, 5020, 6247, 13823.20, and 14113 of, to repeal Chapter 2.67
(commencing with Section 1000.30) of Title 6 of Part 2 of, and to
repeal Chapter 10.3 (commencing with Section 13894.5) of Title 6 of
Part 4 of, the Penal Code, to repeal Section 48695 of, and to repeal
Chapter 10.7 (commencing with Section 25920) of Division 15 of, the
Public Resources Code, to repeal Sections 2802.5, 4764.1, 4764.2,
4764.3, and 4764.4 of the Vehicle Code, to amend Section 11265.5 of,
to repeal Sections 729.11, 1760.3, 14115.6, 14133.61, 16515, 18600,
18919, and 18920 of, to repeal Article 2 (commencing with Section
18210) of Chapter 3 of Part 6 of Division 9 of, to repeal Chapter 1
(commencing with Section 8016) of Division 8 of, and to repeal
Chapter 13 (commencing with Section 18990) of Part 6 of Division 9
of, the Welfare and Institutions Code, relating to pilot projects.
LEGISLATIVE COUNSEL'S DIGEST
SB 153, as introduced, Knight. Pilot projects: state and local
programs.
Under existing law, various state and local pilot, demonstration,
and other projects and programs of limited duration were created to,
among other things, make studies, collect data, and make reports to
the Legislature pertaining to, among other things, civil procedure,
air pollution, transportation, housing, health and welfare, criminal
law, juvenile justice, hazardous waste, and state property.
This bill would repeal certain of these provisions that have
become obsolete and would make related technical and conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 221 of the Code of Civil Procedure is repealed.
221. (a) A trial jury in civil actions in municipal and justice
courts may consist of eight persons in the County of Los Angeles,
pursuant to rules adopted by the Judicial Council, as an experimental
project operative until July 1, 1989.
(b) The Judicial Council shall appoint an advisory committee
which shall include at least one judge of each court or courts in
which the project will take place, one court administrator from that
court or courts, or his or her designee, and one member of the Los
Angeles County Bar Association, Trial Lawyers Section, who practices
in the municipal or justice courts, to make recommendations regarding
the design of the eight-person jury experiment. The Judicial
Council shall adopt rules for the implementation of the project,
including rules governing the assignment of cases to eight person
juries during the experimental period, and establish procedures for
the collection and evaluation of data.
(c) The Judicial Council shall report to the Legislature no later
than January 1, 1990, comparing the performance of eight and 12
person juries. The comparison shall include, but not be limited to,
the following factors:
(1) Cross-sectional representation of the community.
(2) Numbers of verdicts favoring plaintiffs or defendants, and
size of awards.
(3) Accuracy, consistency, and reliability of awards.
(4) Time required for impanelment, trial, and deliberations.
(5) Public and private costs of the jury.
(d) Notwithstanding the provisions of Section 206, the project
courts shall collect and provide to the Judicial Council the data
required for a proper evaluation of the experiment. Any bona fide
researcher or research organization shall be permitted access to any
data regarding the conduct or evaluation of the pilot project.
SEC. 2. Section 270 of the Code of Civil Procedure is repealed.
270. (a) Notwithstanding Section 269 or any other provision of
law, the Judicial Council shall establish a demonstration project to
assess the costs, benefits, and acceptability of utilizing audio and
video recording as a means of producing a verbatim record of
proceedings in up to 75 superior court departments.
The Judicial Council shall select the counties to participate in
the project, but shall include in its selection the Counties of
Alameda, Los Angeles, Orange, Sacramento, San Mateo, Santa Cruz, and
Solano.
In each county, the project shall only commence after the board of
supervisors adopts a resolution finding that there are sufficient
funds for the project, and the superior court adopts local rules for
implementation of the project. The demonstration project in each
county shall terminate on January 1, 1994.
(b) In courtrooms operating under the demonstration project, audio
or video recording may be used in lieu of the verbatim record
prepared by a court reporter except in any criminal or juvenile
proceedings.
(c) The Judicial Council shall adopt the following: (1)
specifications for audio and video recording equipment; (2) rules for
courtroom monitoring of audio and video recording; (3) standards for
the training of personnel and maintenance of equipment for audio and
video recording; and (4) rules for certification of transcripts
produced by means of audio and video recording.
(d) An audio or video recording or transcript produced therefrom
when certified as being an accurate recording, video taping, or
transcript of the testimony and proceedings in a case, is prima facie
evidence of that testimony and those proceedings.
(e) A transcript of a proceeding in a court of the demonstration
project shall be provided by the court to a party in the same manner
and form and at the same cost as a transcript prepared and delivered
by an official court reporter. If a portion of a video or audio
recording fails or is unable to be understood, a transcript of such
portion of the proceeding shall designate such condition as
"inaudible" and "unintelligible," respectively.
(f) No presently employed court reporter shall have his or her
hours of employment reduced as a result of the demonstration project
nor shall be required to prepare a transcript of a proceeding in a
court of the demonstration project.
(g) The Judicial Council shall report to the Legislature on or
before January 1, 1992, and thereafter as the Legislature may
require, as to the costs, benefits, and acceptability of such audio
or video recording as a method of keeping the verbatim court record.
(h) The Joint Rules Committee shall appoint an advisory committee
consisting of two certified shorthand reporters, one person skilled
in courtroom audio recording, one person skilled in courtroom video
recording, two judges experienced in trial work, one court
administrator, and two attorneys experienced in trial work to
evaluate the demonstration project, and it shall report its findings
and recommendations, including minority views, if any, to the
Legislature at the same times as the Judicial Council reports
pursuant to subdivision (g). The advisory committee shall be
afforded access to all material relating to the conduct and operation
of the demonstration project, including, but not limited to, copies
of audio and video tapes, logs thereof, transcripts, transcript
requests, and the identity of any vendor and consultants involved in
the demonstration project.
SEC. 3. Section 1012.5 of the Code of Civil Procedure is repealed.
1012.5. (a) The Legislature finds that the use of facsimile
transmission (FAX machines) has become commonplace in business and
government. Currently, there are over 2.5 million FAX machines in
the nation and the legal profession owns approximately 12 percent of
these machines. Across the nation, courts are starting to address
the use of FAX machines in the judicial system as a means of
transmitting documents to the courts and to lawyers and litigants.
Use of FAX transmission of documents may alleviate congestion in
and around courthouses, promote savings in the time spent by
attorneys in filing documents with the courts and with other
attorneys and litigants, and ultimately, will result in a savings to
the legal consumer.
Therefore, the Judicial Council shall conduct pilot projects to
encompass cases filed in three or more superior courts and three or
more municipal or justice courts from January 1, 1990, to December
31, 1992, to determine how best to implement the use of facsimile
transmission of documents in the judicial system and to assess the
extent of savings due to implementation of FAX transmission.
Moreover, the Judicial Council shall report to the Legislature on the
results of these pilot projects and its specific proposals for
implementation.
(b) The Judicial Council shall determine the effectiveness of
these pilot projects by conducting a survey of attorneys, judicial
officers, clerks of court, and process servers registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, to determine whether the pilot project
is effective in: (1) reducing courthouse congestion, (2) increasing
courthouse filings by FAX to at least 25 percent of all filings in
those courts participating in the pilot projects, (3) producing a
time savings of at least 50 percent of the time normally required to
file documents with the court, and (4) producing a savings in costs
billed to the client.
(c) The Judicial Council shall report to the Legislature on these
pilot projects and make its recommendations on any changes in law
needed to promote uniform, efficient, and effective service or filing
of legal documents by FAX on or before December 31, 1991. The
report shall include a compilation of data, proposed standards,
rules, or statutes for: (1) the types of facsimile machines,
including personal computers with facsimile modems, that are suitable
for use by the courts in receiving legal documents for filing, (2)
the quality of paper to be used to ensure the permanency of court
records, (3) the readability of documents sent by facsimile
transmission, (4) the service and filing of documents which require
an original signature, (5) the service on other parties to the action
of legal documents by FAX, (6) the filing with the court of
originals of documents first filed by FAX, (7) if necessary,
modification of time periods for service and filing of documents by
FAX, and (8) the cost to the courts for the equipment, supplies,
additional staff, and administrative costs associated with the filing
of legal documents by FAX and how these costs should be recovered.
(d) Notwithstanding any other provision of law, the Judicial
Council may adopt rules of court for use in the pilot project
counties to facilitate the purposes of the pilot project and to
provide an appropriate experiment. Any rules of court adopted by the
Judicial Council pursuant to this subdivision shall not affect the
requirements for personal or substituted service of the summons and
complaint or any other opening paper.
SEC. 4. Section 1167.25 of the Code of Civil Procedure is
repealed.
1167.25. (a) Notwithstanding Section 415.46, in addition to the
service of a summons and complaint in an action for unlawful
detainer, filed pursuant to Section 1167.2, upon a tenant and
subtenant, if any, as prescribed in Section 415.46, a prejudgment
claim of right to possession, and a reply form as described in
Section 1167.2 may also be served on any person who appears to be or
who may claim to have occupied the premises at the time of the filing
of the action. Service upon occupants shall be made pursuant to
subdivision (c) of Section 415.46 by serving a copy of a prejudgment
claim of right to possession, as specified in subdivision (b),
attached to a copy of the summons and complaint, and a reply form as
described in Section 1167.2 at the same time service is made upon the
tenant and subtenant, if any.
(b) When an action for unlawful detainer is filed pursuant to
Section 1167.2, the prejudgment claim of right to possession shall be
made on the following form:
(c) Notwithstanding Section 1174.25, any occupant who is served
with a prejudgment claim of right to possession in accordance with
this section may file a claim, as prescribed in this section, and a
reply form, as described in Section 1167.2, with the court within
five days of the date of service of the prejudgment claim to right of
possession as shown on the return of service, which period shall
include Saturday and Sunday, but excluding all other judicial
holidays.
(d) At the time of filing, the claimant shall be added as a
defendant in the action for unlawful detainer, filed pursuant to
Section 1167.2, and the clerk shall notify the plaintiff that the
claimant has been added as a defendant in the action by mailing a
copy of the claim filed with the court to the plaintiff with a
notation so indicating. Thereafter, the name of the claimant shall
be added to any pleading, filing, or form filed in the action for
unlawful detainer filed pursuant to Section 1167.2. Upon filing of
the claim, the claimant shall comply with all of the provisions of
Section 1167.2 just as any named defendant. Further, the claimant
shall also be liable for the posting of a prospective rent deposit as
described in subdivision (e) of Section 1167.2 as a condition of
continuing to trial.
SEC. 5. Section 1174.3 of the Code of Civil Procedure is amended
to read:
1174.3. (a) Unless a prejudgment claim of right to possession has
been served upon occupants in accordance with Section 415.46
or 1167.25 , any occupant not named in the
judgment for possession who occupied the premises on the date of the
filing of the action may object to enforcement of the judgment
against that occupant by filing a claim of right to possession as
prescribed in this section. A claim of right to possession may be
filed at any time after service or posting of the writ of possession
pursuant to subdivision (a) or (b) of Section 715.020, up to and
including the time at which the levying officer returns to effect the
eviction of those named in the judgment of possession. Filing the
claim of right to possession shall constitute a general appearance
for which a fee shall be collected as provided in Section 72056 of
the Government Code. Section 68511.3 of the Government Code applies
to the claim of right to possession. An occupant or tenant who is
named in the action shall not be required to file a claim of right to
possession to protect that occupant's right to possession of the
premises.
(b) The court issuing the writ of possession of real property
shall set a date or dates when the court will hold a hearing to
determine the validity of objections to enforcement of the judgment
specified in subdivision (a). An occupant of the real property for
which the writ is issued may make an objection to eviction to the
levying officer at the office of the levying officer or at the
premises at the time of the eviction.
If a claim of right to possession is completed and presented to
the sheriff, marshal, or other levying officer, the officer shall
forthwith (1) stop the eviction of occupants at the premises, and (2)
provide a receipt or copy of the completed claim of right of
possession to the claimant indicating the date and time the completed
form was received, and (3) deliver the original completed claim of
right to possession to the court issuing the writ of possession of
real property.
(c) A claim of right to possession is effected by any of the
following:
(1) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, an amount equal to 15 days' rent
together with the appropriate fee or form for proceeding in forma
pauperis. Upon receipt of a claim of right to possession, the
sheriff, marshal, or other levying officer shall indicate thereon the
date and time of its receipt and forthwith deliver the original to
the issuing court and a receipt or copy of the claim to the claimant
and notify the plaintiff of that fact. Immediately upon receipt of
an amount equal to 15 days' rent and the appropriate fee or form for
proceeding in forma pauperis, the court shall file the claim of right
to possession and serve an endorsed copy with the notice of the
hearing date on the plaintiff and the claimant by first-class mail.
The court issuing the writ of possession shall set and hold a hearing
on the claim not less than five nor more than 15 days after the
claim is filed with the court.
(2) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, the appropriate fee or form for
proceeding in forma pauperis without delivering the amount equivalent
to 15 days' rent. In this case, the court shall immediately set a
hearing on the claim to be held on the fifth day after the filing is
completed. The court shall notify the claimant of the hearing date
at the time the claimant completes the filing by delivering to the
court the appropriate fee or form for proceeding in forma pauperis,
and shall notify the plaintiff of the hearing date by first-class
mail. Upon receipt of a claim of right to possession, the sheriff,
marshal, or other levying officer shall indicate thereon the date and
time of its receipt and forthwith deliver the original to the
issuing court and a receipt or copy of the claim to the claimant and
notify the plaintiff of that fact.
(d) At the hearing, the court shall determine whether there is a
valid claim of possession by the claimant who filed the claim, and
the court shall consider all evidence produced at the hearing,
including, but not limited to, the information set forth in the
claim. The court may determine the claim to be valid or invalid
based upon the evidence presented at the hearing. The court shall
determine the claim to be invalid if the court determines that the
claimant is an invitee, licensee, guest, or trespasser. If the court
determines the claim is invalid, the court shall order the return to
the claimant of the amount of the 15 days' rent paid by the
claimant, if that amount was paid pursuant to paragraphs (1) or (3)
of subdivision (c), less a pro rata amount for each day that
enforcement of the judgment was delayed by reason of making the claim
of right to possession, which pro rata amount shall be paid to the
landlord. If the court determines the claim is valid, the amount
equal to 15 days' rent paid by the claimant shall be returned
immediately to the claimant.
(e) If, upon hearing, the court determines that the claim is
valid, then the court shall order further proceedings as follows:
(1) If the unlawful detainer is based upon a curable breach, and
the claimant was not previously served with a proper notice, if any
notice is required, then the required notice may at the plaintiff's
discretion be served on the claimant at the hearing or thereafter.
If the claimant does not cure the breach within the required time,
then a supplemental complaint may be filed and served on the claimant
as defendant if the plaintiff proceeds against the claimant in the
same action. For the purposes of this section only, service of the
required notice, if any notice is required, and of the supplemental
complaint may be made by first-class mail addressed to the claimant
at the subject premises or upon his or her attorney of record and, in
either case, Section 1013 shall otherwise apply. Further
proceedings on the merits of the claimant's continued right to
possession after service of the Summons and Supplemental Complaint as
prescribed by this subdivision shall be conducted pursuant to this
chapter.
(2) In all other cases, the court shall deem the unlawful detainer
Summons and Complaint to be amended on their faces to include the
claimant as defendant, service of the Summons and Complaint, as thus
amended, may at the plaintiff's discretion be made at the hearing or
thereafter, and the claimant thus named and served as a defendant in
the action shall answer or otherwise respond within five days
thereafter.
(f) If a claim is made without delivery to the court of the
appropriate filing fee or a form for proceeding in forma pauperis, as
prescribed in this section, the claim shall be immediately deemed
denied and the court shall so order. Upon the denial of the claim,
the court shall immediately deliver an endorsed copy of the order to
the levying officer and shall serve an endorsed copy of the order on
the plaintiff and claimant by first-class mail.
(g) If the claim of right to possession is denied pursuant to
subdivision (f), or if the claimant fails to appear at the hearing
or, upon hearing, if the court determines that there are no valid
claims, or if the claimant does not prevail at a trial on the merits
of the unlawful detainer action, the court shall order the levying
officer to proceed with enforcement of the original writ of
possession of real property as deemed amended to include the
claimant, which shall be effected within a reasonable time not to
exceed five days. Upon receipt of the court's order, the levying
officer shall enforce the writ of possession of real property against
any occupant or occupants.
(h) The claim of right to possession shall be made on the
following form:
SEC. 6. Article 2 (commencing with Section 11805) of Chapter 8 of
Part 1 of Division 3 of Title 2 of the Government Code is repealed.
SEC. 7. Section 14035.1 of the Government Code, as amended by
Section 1 of Chapter 25 of the Statutes of 1992, is repealed.
14035.1. As part of implementation of the demonstration program
established pursuant to Section 14045 of the Government Code, the
commission, in the allocation of funds made available pursuant to
Section 99317 of the Public Utilities Code or pursuant to a
voter-approved rail bond for an exclusive mass transit guideways
project, shall consider those projects proposed to be located on a
demonstration site where the applicant and the local entity
responsible for land use decisions have entered into a binding
agreement to promote high density residential development within
one-half mile of a mass transit guideway station. The commission
shall consider all projects within a selected demonstration site
submitted to it as a part of a regional transportation program by
December 1, 1993, or as an applicant for inclusion in the 1991 or
subsequent Transit Capital Improvement Program. Any project selected
by the commission which is located in a demonstration site shall be
considered for inclusion in the 1991 or subsequent annual Transit
Capital Improvement Program or in the 1992 or subsequent State
Transportation Improvement Program. This section does not authorize
the granting of any priority that conflicts with any bond law
governed by this section, or which impairs the rights of bondholders
under any of these bond laws. Nor does this section preclude the
commission from applying the criteria for making awards which may be
required or permitted pursuant to other provisions of law.
SEC. 8. Section 14045 of the Government Code is repealed.
14045. (a) The department, in cooperation with the commission,
shall develop and implement a demonstration program to test the
effectiveness of increasing densities of residential development in
close proximity to mass transit guideway stations to increase the
benefit from public investment in mass transit. The department and
commission shall jointly select three or more demonstration sites, at
least one of which includes an existing transit station and at least
two of which include proposed transit stations. Each demonstration
site shall be located in a city or county that has adopted land use
policies and programs encouraging the development of high-density
residential development near mass transit guideway stations. These
policies and programs may be included in the locality's general plan,
zoning ordinance, including a density bonus ordinance adopted
pursuant to Section 65915, development agreement adopted pursuant to
Article 2.5 (commencing with Section 65864) of Chapter 3 of Division
1 of Title 7, redevelopment plan or amendment to the plan adopted
pursuant to Article 4 (commencing with Section 33330) of Chapter 4 of
Part 1 of Division 24 of the Health and Safety Code, and congestion
management plan adopted pursuant to Chapter 2.6 (commencing with
Section 65099) of Division 1 of Title 7.
(b) The department shall prepare a preliminary report regarding
the disposition of projects proposed for inclusion in either the 1991
or subsequent annual Transit Capital Improvement Program or the 1992
or subsequent State Transportation Improvement Program, and a final
report regarding the impact of the demonstration program on the level
of use of mass transit by residents living within one-half mile of
the mass transit guideway station. The department shall submit each
report to the commission for review and comment. The commission
shall submit the preliminary report, with its comments, to the
Legislature no later than January 1, 1994, and the final report, with
its comments, to the Legislature no later than January 1, 1996.
SEC. 9. Section 14680.8 of the Government Code is repealed.
14680.8. (a) The Department of General Services shall conduct a
state property management demonstration project within a defined
geographic region to be determined by the department. The federal
and local governments may add funds to the total amount the state
makes available for consulting fees in exchange for the consultant's
analysis of the market value of locally or federally owned public
buildings and the consultant's evaluation of opportunities to adopt
proactive assets management procedures and strategies with respect to
those properties.
(b) In conducting this demonstration project, the department
shall, utilizing a request for proposal process, contract with real
estate investment and development consultants, alternative public
sector financing
consultants, and public management and policy consultants, in order
to provide all of the following services:
(1) Develop an information base on state-occupied property to
include location, size, and present use in leased space, and
location, size, present use, and estimated market value of
state-owned space.
(2) Identify segments of state-owned properties, such as, by
market value, size, geographic region, proximity to commercial
development, or historical significance, and recommend an order of
priorities in which proactive assets managers should consider
disposition or ownership restructuring alternatives.
(3) Describe and analyze in terms of cost and benefits to the
state alternatives for selling, exchanging, or restructuring
ownership of land or buildings currently owned by the state. These
alternatives shall include, but not be limited to, appropriate forms
of leveraged leasing.
(4) Enumerate possible options for earning revenue on the state's
real estate holdings, including estimates of overall revenue
currently foregone due to the lack of proactive assets management,
and expected interest earnings on investment of the revenue from sale
of state-owned properties the present use of which is not economical
from a proactive assets management point of view.
(5) Develop a proactive assets management methodology, with
recommendations structuring cost controls and performance incentives
within state government to meet strategic goals, including, but not
limited to, all of the following:
(A) To reduce occupancy costs.
(B) To maximize efficiency of space utilization.
(C) To maintain or increase the value of state-owned property.
(D) To maximize revenue from state-controlled property.
(E) To manage property to support and implement state programs and
policies, with an emphasis on the utilization of existing
state-owned facilities.
(6) Assess the strength of bureaucratic resistance to proactive
assets management in state government and suggest means of managing
this resistance, including identification of appropriate areas for
compromise.
(7) Analyze existing state and federal laws pertaining to
proactive assets management options in state government, identify
existing legal barriers to proposed alternative models for proactive
assets management, and recommend changes in legislation necessary to
facilitate the alternatives that would minimize state costs and
maximize state revenue.
(8) Analyze the public policy implications of the recommendations
for implementation of a proactive assets management approach to
state-owned and state-controlled real estate, including, but not
limited to, all of the following:
(A) Long-term versus short-term advantages and disadvantages of
custodial property management and proactive assets management.
(B) Normalization parameters for public-private partnerships
created for the purpose of conducting property management activities
on behalf of the state, including an analysis of civil service
barriers to contracting for specialized services.
(C) The comparative effectiveness of personal versus institutional
incentives for performance of public obligations.
(c) The department shall appoint an advisory committee to assist
the department and the consultants utilized under the demonstration
project. The advisory committee shall participate in all aspects of
the pilot project, including the assistance in the development of the
request for proposals, as required under subdivision (a), and
reviewing and commenting upon the final recommendations of the
consultants prior to submission to the Governor and the Legislature.
The department shall invite the federal government and affected
local governments to participate in the advisory committee. The
advisory committee shall include, but is not limited to,
representatives, who shall be either directors or business service
officers, of the state agencies that own or occupy property in the
designated pilot project area.
(d) The department shall submit to the Legislature and the
Governor the final recommendations of the consultants utilized under
this section, along with any comments made on those recommendations
by the advisory committee created under subdivision (c).
SEC. 10. Chapter 1 (commencing with Section 15290) of Part 6.6 of
Division 3 of Title 2 of the Government Code is repealed.
SEC. 11. Section 65083 of the Government Code is repealed.
65083. As part of implementation of the demonstration program
established pursuant to Section 14045 of the Government Code, the
regional transportation planning agency preparing the five-year
regional transportation improvement program pursuant to Section 65082
shall consider those exclusive mass transit guideway projects where
the applicant and the local entity responsible for land use decisions
have entered into a binding agreement to promote high density
residential development within one-half mile of a mass transit
guideway station. Any project selected by the agency that is located
in a demonstration site shall be considered for inclusion in the
regional transportation improvement program. This section shall not
preclude the agency from applying the criteria for making awards that
may be required or permitted pursuant to other provisions of law.
SEC. 12. Section 65460.2 of the Government Code is amended to
read:
65460.2. A city or county may prepare a transit village plan for
a transit village development district that addresses the following
characteristics:
(a) A neighborhood centered around a transit station that is
planned and designed so that residents, workers, shoppers, and others
find it convenient and attractive to patronize transit.
(b) A mix of housing types, including apartments, within not more
than a quarter mile of the exterior boundary of the parcel on which
the transit station is located.
(c) Other land uses, including a retail district oriented to the
transit station and civic uses, including day care centers and
libraries.
(d) Pedestrian and bicycle access to the transit station, with
attractively designed and landscaped pathways.
(e) A rail transit system that should encourage and facilitate
intermodal service, and access by modes other than single occupant
vehicles.
(f) Demonstrable public benefits beyond the increase in transit
usage, including all of the following:
(1) Relief of traffic congestion.
(2) Improved air quality.
(3) Increased transit revenue yields.
(4) Increased stock of affordable housing.
(5) Redevelopment of depressed and marginal inner-city
neighborhoods.
(6) Live-travel options for transit-needy groups.
(7) Promotion of infill development and preservation of natural
resources.
(8) Promotion of a safe, attractive, pedestrian-friendly
environment around transit stations.
(9) Reduction of the need for additional travel by providing for
the sale of goods and services at transit stations.
(10) Promotion of job opportunities.
(11) Improved cost-effectiveness through the use of the existing
infrastructure.
(12) Increased sales and property tax revenue.
(13) Reduction in energy consumption.
(g) Sites where a density bonus of at least 25 percent may be
granted pursuant to specified performance standards.
(h) Other provisions that may be necessary, based on the report
prepared pursuant to subdivision (b) of former Section
14045 , as enacted by Section 3 of Chapter 1304 of the Statutes
of 1990 .
SEC. 13. Section 65913.5 of the Government Code is repealed.
65913.5. (a) As part of implementation of the demonstration
program established pursuant to Section 14045 of the Government Code,
a city, county, or city and county participating in the
demonstration program shall grant a density bonus to a developer of
housing within one-half mile of a mass transit guideway station
unless the locality finds that granting of the density bonus would
result in a specific, adverse impact upon the public health or
safety, and there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact.
(b) Notwithstanding subdivision (f) of Section 65915, as used in
this section, "density bonus" means a density increase of at least 25
percent over the otherwise maximum residential density allowed under
the general plan and any applicable zoning and development
ordinances.
(c) A city, county, or city and county may require a developer to
enter into a development agreement pursuant to Article 2.5
(commencing with Section 65864) of Chapter 3 of Division 1 of Title 7
to implement a density bonus granted pursuant to this section.
(d) In an action or proceeding to attack, set aside, void, or
annul a density bonus granted pursuant to this section, a court shall
uphold the decision of a city, county, or city and county to grant
the density bonus if the court finds that there is substantial
evidence in the record that the housing development will assist the
city, county, or city and county to do all of the following:
(1) Meet its share of the regional housing needs determined
pursuant to Article 10.6 (commencing with Section 65580) of Chapter 4
of Division 1 of Title 7.
(2) Implement its congestion management plan adopted pursuant to
Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7.
(e) Nothing in this section shall be construed to relieve any
local agency from complying with the provisions of the Congestion
Management Program required by Chapter 2.6 (commencing with Section
65088) of Division 1 of Title 7.
SEC. 14. Section 65917 of the Government Code is amended to read:
65917. In enacting this chapter it is the intent of the
Legislature that the density bonus or other incentives offered by the
city, county, or city and county pursuant to this chapter shall
contribute significantly to the economic feasibility of lower income
housing in proposed housing developments. In the absence of an
agreement by a developer in accordance with Section 65913.5
or 65915, a locality shall not offer a density bonus or any
other incentive that would undermine the intent of this chapter.
SEC. 15. Section 68086 of the Government Code is amended to read:
68086. (a) In all superior court departments not
selected to participate in the demonstration project established
under Section 270 of the Code of Civil Procedure The
following provisions apply in superior court :
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for the services of an official reporter on the first and
each succeeding judicial day those services are required.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the services of the official reporter shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official reporter.
(B) That if an official reporter is not available, a party may
arrange for the presence of a certified shorthand reporter to serve
as an official pro tempore reporter, the costs therefore recoverable
as provided in paragraph (4).
(C) That if the services of an official pro tempore reporter are
utilized pursuant to this section, no other charge will be made to
the parties.
(b) In all superior court departments selected to
participate in the demonstration project established under Section
270 of the Code of Civil Procedure, and in all municipal courts
The following provisions apply in municipal court
:
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for official reporting services on the first and each
succeeding judicial day those services are required.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the official reporting services shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That litigants receive adequate information about any change
in the availability of official reporting services.
(B) That if official reporting services are not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefore
recoverable as provided in paragraph (4).
(C) That if the services of a pro tempore reporter are utilized
because official reporting services are unavailable, no other charge
will be made to the parties for recording the proceeding.
SEC. 16. Section 69845.6 of the Government Code is repealed.
69845.6. As a three-year pilot project, the Placer County Board
of Supervisors may direct the clerk of the Superior Court in Placer
County to suspend the maintenance of a register of actions from
January 1, 1981, to January 1, 1984. After January 1, 1984, the
clerk of the Superior Court in Placer County shall keep a register of
actions pursuant to Section 69845 or 69845.5, unless a statute
enacted prior to January 1, 1984, extends such pilot project.
SEC. 17. Article 11 (commencing with Section 1339.51) of Chapter 2
of Division 2 of the Health and Safety Code is repealed.
SEC. 18. Article 11.6 (commencing with Section 25242.5) of Chapter
6.5 of Division 20 of the Health and Safety Code is repealed.
SEC. 19. Section 32354 of the Health and Safety Code is repealed.
32354. The program established by the Chowchilla Memorial
Hospital District and others who enter such a joint powers agreement
shall be deemed to be a pilot project to be used as a guide for the
State Department of Health Services in establishing the Rural
California Professional Liability Loan Program in the event Assembly
Bill 2865 of the 1975-76 Regular Session is enacted, and in such case
funds for loans under this chapter shall be made available from the
Rural California Professional Liability Loan Fund upon creation by
the State Controller.
SEC. 20. Section 43840 of the Health and Safety Code is amended to
read:
43840. (a) The Legislature finds and declares that emission of
air pollutants from motor vehicles is a major contributor to air
pollution within the State of California and, therefore, declares its
policy to encourage the testing of various types of vehicle fuels,
which would contribute substantially to the protection and
preservation of the public health and well-being.
(b) The Legislature further finds and declares that programs to
expand the use of alcohols as substitutes for gasoline and other
petroleum-based fuels can offer significant environmental benefits
while reducing the nation's dependence on imported crude oil.
(c) The Legislature further finds and declares that pure alcohol
fuels burn cleanly and that motor vehicles fueled with alcohol can be
modified at reasonable cost to burn alcohol fuels without decreasing
efficiency and without creating air quality problems.
(d) It is, therefore, the intent and purpose of the Legislature,
to authorize the establishment of a demonstration program in the
County of Ventura for the testing of pure alcohol fuels in the county
and municipal motor vehicle fleets.
SEC. 21. Section 43841 of the Health and Safety Code is repealed.
43841. The Secretary of the Business and Transportation Agency
shall reimburse the County of Ventura from funds appropriated for
alternative motor vehicle fuels for the cost of conversion of fleet
vehicles provided that the state board finds both of the following:
(a) All changes to the vehicles are absolutely necessary for the
vehicles to operate on pure alcohol.
(b) The fuel systems of the motor vehicles have been certified
pursuant to Section 43006.
SEC. 22. Section 43841.5 of the Health and Safety Code is
repealed.
43841.5. The Secretary of the Business and Transportation Agency
shall make the reimbursement pursuant to Section 43841 only in the
event the County of Los Angeles and the California Energy Commission
fail to reach an agreement, on or before December 31, 1980, to
conduct a demonstration program similar to that provided in this
article, as determined by the secretary, for the testing of alcohol
fuels. If the County of Los Angeles and the State Energy Resources
Conservation and Development Commission do reach such an agreement by
December 31, 1980, no reimbursement shall be made pursuant to this
article.
SEC. 23. Section 50502.5 of the Health and Safety Code is
repealed.
50502.5. (a) In conjunction with the implementation of the
demonstration program established pursuant to Section 14045 of the
Government Code, and subject to the availability of funds authorized
pursuant to Chapter 3.5 (commencing with Section 50531) and Section
50771.1, the department shall consider applications for funding of
high density residential development located at demonstration sites
within one-half mile of an existing or proposed mass transit guideway
station. If the mass transit guideway station is proposed, the
application shall include a binding agreement between the local
legislative body and the transit operator regarding its timely
development, including the source of committed funds.
(b) This section does not authorize the granting of any priority
that conflicts with any bond law governed by this section, or which
impairs the rights of bondholders under any of those bond laws. Nor
does this section preclude the department from applying the criteria
for making awards which may be required or permitted pursuant to
other provisions of law.
SEC. 24. Section 4612 of the Labor Code is repealed.
4612. (a) A pilot project is hereby authorized, for a duration of
up to 36 months, under regulations to be developed and implemented
by the administrative director. The purpose of the pilot project is
to authorize an employer participating in the pilot project to
contract with a licensed health care service plan to be the exclusive
provider of medical, surgical, and hospital treatment for
occupational and nonoccupational injuries and illnesses incurred by
its employees. The health care service plan shall provide all
occupational-related medical treatment coverage required by this
division without any payment by the employee of deductibles,
copayments, or any share of the premium. Employers participating in
the pilot project shall make available health plan coverage for their
employees' dependents for the treatment of nonindustrial injuries
and illnesses. Nothing herein shall require an employer to pay for
that dependent coverage. An employer participating in the pilot
project shall offer its employees a choice between the exclusive
provider of care option and a traditional health benefits plan which
allows employees to obtain workers' compensation treatment from a
traditional workers' compensation provider. In the case of a pilot
project established by a multiemployer, collectively bargained
employee welfare benefit plan, or by a recognized exclusive
bargaining agent for state employees that sponsors an employee
welfare benefit plan for the benefit of employees, this choice may be
exercised by an exclusive or certified bargaining agent that
represents employees of the employer.
(b) That pilot project may be implemented in four counties as
designated by the administrative director and may include more than
one health care service plan. One county shall be in northern
California, one in central California, and two in southern
California. Multiemployer, collectively bargained employee welfare
benefit plans that operate in one or more of the designated counties,
or recognized bargaining agents for state employees that sponsor a
welfare benefit plan, may implement a pilot project in all counties
in which participants are employed and covered for nonoccupational
injuries and illnesses.
(c) Notwithstanding the terms of Section 4600, 4601, or any other
provision of this article, an employee employed by an employer
participating in the pilot project who has elected to enroll in the
pilot project shall not have the option of predesignating a personal
physician, other than a physician provided by the licensed health
care service plan designated by the participating employer, as his or
her treating physician, nor shall an employee have the option of
changing to a physician not provided by the health care service plan
pursuant to Section 4601. However, this section shall not be
construed to limit the requirement under Section 4600 that an
employer provide treatment reasonably required to cure or relieve the
effects of an injury, nor shall this section be construed to
prohibit an employee from changing to another provider of health care
services during any annual open enrollment period.
(d) The administrative director shall, at the completion of the
second year of the pilot project, or sooner if feasible, prepare a
preliminary report, and within one year after completion of the pilot
project, prepare a final report to the Legislature and the Governor
describing the pilot project. The report shall include a review of
the following:
(1) Employer costs.
(2) Vocational rehabilitation implications of 24-hour care pilot
projects.
(3) Numbers and percentages of employees in pilot worksites that
enroll in the plan.
(4) Incentives used by employers to encourage enrollment in the
plan.
(5) Extent to which dependents of pilot project employees enroll
in health plans.
(6) Determination of employee satisfaction with the pilot program.
(7) Extent to which employees enrolling in the pilot plan continue
to stay within it during the length of the pilot program.
(8) Differentials in costs of treatment between different types of
pilot programs for occupational and nonoccupational injuries and
illnesses.
(9) Differentials in costs of treatment and of indemnity benefits
among workplaces comparable in size, type of industry, and location,
between pilot programs and non-24-hour care for occupational and
nonoccupational injuries and illnesses.
(10) Differentials in costs of claims administration between pilot
programs.
(11) Percentage of occupational injury claims litigated and the
type of dispute giving rise to litigation.
(12) How continuing obligations for medical treatment under
workers' compensation will be secured after completion of the pilot
project.
(13) Whether the pilot project was or could be utilized by small
employers.
The pilot project shall be deemed a success if the administrative
director can verify that the information contained in the report
required by paragraphs (1) to (13), inclusive, compares favorably
with that of employers and employees not included in the pilot
project. In order to prepare the report, the administrative director
shall prescribe information to be collected by each approved pilot
program for submission to the division in a timely manner.
(e) The administrative director shall prepare an itemization of
the costs to the division associated with preparation of the report
described in subdivision (d). The cost of the report shall be borne
by the employers participating in the pilot project, and, if
available, by other external sources outside of the General Fund.
Contribution by the employers shall be apportioned on a per capita
basis based upon the number of
employees enrolled under the pilot project.
(f) For purposes of this section, "health care service plan"
includes health care service plans and disability insurers that offer
a managed care product within a pilot project county, workers'
compensation insurers as defined in Section 3211 of the Labor Code
that offer a managed care product within a pilot project county,
multiemployer collectively bargained employee welfare benefit plans
that offer a managed care product within a pilot project county, and
welfare benefit plans sponsored by recognized exclusive bargaining
agents for state employees. Pilot projects covering state employees
shall be approved by the state employer and approved pursuant to Part
5 (commencing with Section 22751) of Title 2 of the Government Code.
(g) The employer's contract with the health care service plan
shall include a surcharge or other provision to cover the cost of the
medical care of an injured employee which is required by this
division after the employee leaves the contracting employer's
employment.
(h) Enrollment or subscription in the pilot project may not be
canceled or not renewed except in the following:
(1) Failure to pay the charge for that coverage if the subscriber
has been duly notified and billed for the charge and at least 15 days
has elapsed since the date of notification.
(2) Fraud or deception in the use of the services or facilities of
the plan or knowingly permitting that fraud or deception by another.
(3) Any other good cause as is agreed upon in the contract between
the plan and a group or the subscriber.
(i) Notwithstanding any other provision of this section, no
employer that is required to bargain with an exclusive or certified
bargaining agent which represents employees of the employer in
accordance with state or federal employer-employee relations law for
represented employees, shall contract with a managed care
organization for purposes of this section unless authorized to do so
by mutual agreement between the bargaining agent and the employer.
SEC. 25. Chapter 2.67 (commencing with Section 1000.30) of Title 6
of Part 2 of the Penal Code is repealed.
SEC. 26. Section 1348.5 of the Penal Code is repealed.
1348.5. (a) On or before July 1, 1987, upon adoption of a
resolution of the board of supervisors, a county may establish a
three-year pilot project, whereby the court, in any criminal action
in which an act of child abuse or molestation is alleged against a
member of the child's immediate family, may appoint a children's
representative to represent the interests of the minor who was a
victim of, or a witness to, the alleged act of abuse or molestation,
provided that the victim or witness is under the age of 14. Counties
participating in the program shall report to the Legislature before
December 31, 1988, on the interim results of the program, and shall
submit a final report to the Legislature on or before September 30,
1990, on the results of this program.
(b) The program shall be considered to be successful if the
participation of child witnesses in criminal matters has increased 10
percent after the first year and increased 20 percent after the
third year of the program. The amount of the increase shall be
determined by comparing the 1986 participation rate with the
participation rate data for 1987 and 1989, respectively.
(c) The court shall consider all of the following guidelines in
appointing the children's representative.
(1) The person's willingness and ability to undertake working with
and accompanying the child witness through all proceedings,
including criminal proceedings, dependency proceedings, and civil
proceedings.
(2) The person's willingness and availability to communicate with
the child witness.
(3) The person's willingness and availability to express the child'
s concerns to those authorized to come in contact with the child as a
result of the proceedings.
(d) After considering the guidelines stated in subdivision (b),
the court, in its discretion, may appoint a trained volunteer as a
children's representative, including a person who has received
training from a program formed and operated under the guidelines
established by the National Court Appointed Special Advocate
Association.
(e) In cases involving more than one child victim under the age of
14, the court may, if it finds it appropriate, appoint a children's
representative for each of the victims.
(f) In consideration of the special ethical responsibilities of
attorneys and the attendant problems that might be raised by an
attorney serving as a children's representative, the court shall not
appoint attorneys as children's representatives under this section.
(g) In order to be appointed as a children's representative, the
volunteer shall meet all of the following requirements:
(1) Possess adequate training in the court process, the dynamics
of child abuse and neglect, child abuse laws, the social service
system, and how to avoid becoming a witness in a case. Volunteers
shall receive this training from persons who are involved in the
judicial process (prosecutors, defense attorneys, county counsel,
social services, child protective services, judges, and advisory
board). Each county shall establish such a training program.
(2) Be screened for a criminal record pursuant to Section 11105.3,
including, but not limited to, a fingerprint check. A criminal
conviction, other than a conviction of a sexually related crime or a
conviction of child abuse, shall not bar a person from acting as a
children's representative.
(3) Meet other requirements as deemed necessary by the court.
(4) Not have any interest in the case, nor any connection to
either the prosecution or defense.
(h) The requirements of this section are the minimum requirements
for the appointment of a volunteer as a children's representative.
Each county participating in the program shall appoint a volunteer
special children's representative advisory board, which shall develop
additional criteria requiring additional initial training,
continuing in-service training, a system to screen volunteer
applicants on an individual basis, and guidelines for supervising and
monitoring the volunteers.
The board shall be appointed by the board of supervisors and shall
be composed as specified by the board as nominated by the local
child abuse council.
(i) The court shall admonish the children's representative that he
or she shall not discuss the facts and circumstances of the case
with the child witness.
(j) The court shall appoint an administrator whose duties shall be
to enforce the guidelines established by this section and the
guidelines set up by the volunteer advisory board. The administrator'
s duties shall also include monitoring the training program and
supervising the volunteers.
(k) The children's representative shall do all of the following:
(1) Accompany the child witness through all proceedings, including
criminal proceedings, dependency proceedings, and civil proceedings.
(2) Explain to the child witness in terms he or she will
understand, based upon his or her age and maturity, the nature and
progress of the proceedings and what the child will be called upon to
do, including, but not limited to, telling the child that he or she
is expected to tell the truth. These explanations shall be made
prior to the child's courtroom appearance.
(3) Be available to observe the minor in all aspects of the case,
in order to consult with the court as to any special needs of the
minor. These consultations shall take place prior to the testimony
of the child. For purposes of this paragraph, the court, during a
recess, may recognize the children's representative when the
representative indicates a need to address the court. The
representative shall indicate such a need through the court clerk or
bailiff. If a jury is present in the courtroom when the court
decides to meet with the representative, the judge shall excuse the
jury or convene an in-chambers session with the representative, the
defense attorney, and the prosecuting attorney. The session shall be
on the record.
(l) It is the intent of the Legislature that the court shall
consider the goal of continuity between the children's representative
and a child victim or witness in the various court proceedings. The
Legislature thereby declares that it is desirable for a children's
representative appointed to represent the interests of the minor in a
dependency proceedings to continue to represent the minor's interest
in any ensuing criminal and civil proceedings.
(m) The children's representative shall not be required to testify
with respect to the contents of a dependency proceeding in any other
proceeding.
(n) The judge may appoint a children's representative at the
initial proceeding or any proceeding thereafter. The minor or a
person representing the minor may request the appointment of a
representative.
(o) The children's representative is not immune from prosecution
for dissuading a witness or from interfering with any judicial
proceeding.
(p) The children's representative shall not discuss the facts and
circumstances of the case with the child witness.
(q) Nothing in this act shall be construed to confer or create a
privilege between the child and the children's representative.
(r) The inability of the children's representative to attend any
proceeding is not cause for a continuance.
(s) The children's representative shall not be involved in any
investigatory interviewing with the child.
SEC. 27. Section 2053.3 of the Penal Code is repealed.
2053.3. (a) The Director of Corrections shall implement a
two-year correctional education program that increases inmate
assignments through adoption of a pilot project cell study program.
The program shall be implemented at three institutions, one for
female inmates and two for male inmates, with the sites to be chosen
by the Department of Corrections and the employee bargaining unit.
Inmates shall be assigned to a classroom for three hours per day or
15 hours per week, not to exceed 20 inmates per classroom.
Classroom-assigned inmates shall then be assigned to their cells for
a study period of three hours per day or 15 hours per week. Inmates
shall be housed contiguously to ensure appropriate educational
supervision and educational assistance by an instructor and inmate
teaching assistants. Cell study instruction shall be limited to 80
inmates housed contiguously where feasible to accomplish the
objectives of the cell study program. The department shall adjust
cell assignments to accomplish the program's intent. In implementing
this program, the department shall adhere to the State Building
Standards Law (Part 2.5 (commencing with Section 18901) of Division
13 of the Health and Safety Code).
(b) An inmate participating in a cell study program pursuant to
this section shall demonstrate appropriate educational progress, as
certified by the instructor, as a condition of any reduction in the
time served pursuant to Section 2933. Appropriate educational
progress shall be demonstrated based upon preprogram and postprogram
testing that reflects improved literacy of the inmate.
(c) (1) The pilot project cell study program shall commence on
January 1, 1994, and end on December 31, 1995.
(2) Representatives from the Department of Corrections and the
employee bargaining unit shall evaluate the cell study program and
submit a report to the Legislature by July 30, 1996. If there is not
a consensus, then a minority opinion shall also be included with the
final report.
(d) The Department of Corrections may initiate a system of
negative timekeeping with regard to the participation of inmates in
inmate work, training, and education assignments.
SEC. 28. Section 5020 of the Penal Code is repealed.
5020. (a) The Department of Corrections and the California Youth
Authority shall conduct a two-year pilot project in juvenile halls,
the Youth Authority, and the state prison system if and when the
necessary computer hardware, software, and technical assistance is
donated to the departments to implement innovative individualized
education programs in these institutions.
(b) The Department of the Youth Authority and the Department of
Corrections shall, within budgetary limitations, provide staff to be
trained and participate in educating and testing the inmates. At the
end of the project period, the departments shall evaluate the
effectiveness of the training techniques employed and report to the
Legislature on their findings.
SEC. 29. Section 6247 of the Penal Code is repealed.
6247. (a) Notwithstanding any other provision of this chapter,
the County of Orange may establish, in consultation with the Board of
Corrections, a regional public inebriate reception center in the
County of Orange as a one-year pilot project to provide short-term
shelter with a minimum capacity of 20 sleeping spaces, surveillance,
assessment, and referral services for men and women.
(b) The County of Orange may operate and administer the pilot
program specified in subdivision (a) and report to the board within
nine months after commencement of operation of the regional public
inebriate reception center as to whether its operation has resulted
in cost savings by diversion of persons from the criminal justice
system, and in other public benefits.
SEC. 30. Section 13823.20 of the Penal Code is repealed.
13823.20. (a) The Office of Criminal Justice Planning shall
establish a demonstration project in the City of Los Angeles for the
purpose of creating police foot patrols in high intensity
drug-related crime areas. Funds for these demonstration projects
shall be allocated to the City of Los Angeles no later than 30 days
following enactment of this section.
(b) The office also shall issue a request for proposal to select
at least three additional cities for police foot patrol demonstration
projects. Funds for this request for proposal shall be awarded no
later than 90 days following enactment of this section.
(c) The police department in each city shall identify targeted
areas for foot patrols based on high incidence of crime related to
drug trafficking and other drug crimes. At a minimum, the Los
Angeles Police Department shall target areas in south Los Angeles,
central Los Angeles, east Los Angeles, and the San Fernando Valley.
(d) The Office of Criminal Justice Planning shall conduct an
evaluation of the foot patrol programs created by this section and
shall submit a report to the Legislature no later than August 31,
1991.
(e) The evaluation shall examine the effectiveness of the program
relative to the following objectives:
(1) Each city shall demonstrate empirically that areas targeted
for foot patrols have a high incidence of drug-related crimes.
(2) Officers are deployed to the targeted areas at least 20
percent of the time of each week.
(3) Against a baseline period established by the city police
department, the following reductions occur in the aggregate for the
targeted areas during the pilot period:
(A) An 8 percent reduction in radio calls.
(B) A 6 percent reduction in repressible crime.
(C) A 12 percent reduction in violent crime.
(4) Each city shall demonstrate whether changes in the incidence
of drug-related crimes in areas adjacent to the targeted areas are
appreciable and the extent to which those changes may be caused by
increased foot patrol activity in the targeted areas.
SEC. 31. Chapter 10.3 (commencing with Section 13894.5) of Title 6
of Part 4 of the Penal Code is repealed.
SEC. 32. Section 14113 of the Penal Code is repealed.
14113. (a) The Office of Criminal Justice Planning shall contract
for four two-year community violence prevention and conflict
resolution pilot programs throughout this state. They shall be
commenced after July 1, 1985. Each of the four pilot programs may
continue for a maximum of two years.
(b) Each program shall address the following subject areas as they
interrelate with violence and to the extent they affect the
geographic area served by the programs:
(1) Parenting, birthing, early childhood development, self-esteem,
and family violence, to include child, spousal, and elderly abuse.
(2) Economic factors and institutional racism.
(3) Schools and educational factors.
(4) Alcohol, diet, drugs, and other biochemical and biological
factors.
(5) Conflict resolution.
(6) The media.
SEC. 33. Section 14114 of the Penal Code is amended to read:
14114. (a) First priority shall be given to programs
which that provide community education,
outreach, and coordination, and include creative and
effective ways to translate the recommendations of the California
Commission on Crime Control and Violence Prevention into practical
use in one or more of the subject areas set forth in Section
14113. following subject areas:
(1) Parenting, birthing, early childhood development, self-esteem,
and family violence, to include child, spousal, and elderly abuse.
(2) Economic factors and institutional racism.
(3) Schools and educational factors.
(4) Alcohol, diet, drugs, and other biochemical and biological
factors.
(5) Conflict resolution.
(6) The media.
(b) At least three of the programs shall do all of the
following:
(a)
(1) Use the recommendations of the California Commission on
Crime Control and Violence Prevention and incorporate as many of
those recommendations as possible into its program.
(b)
(2) Develop an intensive community-level educational program
directed toward violence prevention. This educational component
shall incorporate the commission's works "Ounces of Prevention" and
"Taking Root," and shall be designed appropriately to reach the
educational, ethnic, and socioeconomic individuals, groups, agencies,
and institutions in the community.
(c)
(3) Include the imparting of conflict resolution skills.
(d)
(4) Coordinate with existing community-based, public and
private, programs, agencies, organizations, and institutions, local,
regional, and statewide public educational systems, criminal and
juvenile justice systems, mental and public health agencies,
appropriate human service agencies, and churches and religious
organizations.
(e)
(5) Seek to provide specific resource and referral services
to individuals, programs, agencies, organizations, and institutions
confronting problems with violence and crime if the service is not
otherwise available to the public.
(f)
(6) Reach all local ethnic, cultural, linguistic, and
socioeconomic groups in the service area to the maximum extent
feasible.
SEC. 34. Section 14119 of the Penal Code is amended to read:
14119. (a) Commencing on or after July 1, 1985, the
Office of Criminal Justice Planning shall contract for no more than
four pilot programs as described in Section 14113.
(b) Commencing on or after July 1, 1985, the The
Office of Criminal Justice Planning shall promote, organize,
and conduct a series of one-day crime and violence prevention
training workshops around the state. The Office of Criminal Justice
Planning shall seek participation in the workshops from ethnically,
linguistically, culturally, educationally, and economically diverse
persons, agencies, organizations, and institutions.
(c)
(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.
(d)
(c) There shall be at least three workshops.
SEC. 35. Chapter 10.7 (commencing with Section 25920) of Division
15 of the Public Resources Code is repealed.
SEC. 36. Section 48695 of the Public Resources Code is repealed.
48695. (a) The board may, on or before July 1, 1995, establish a
pilot program for recycling used oil filters. Any pilot program
established pursuant to this section shall develop opportunities for
the public to voluntarily dispose of used oil filters and be eligible
for an incentive fee of four cents ($0.04) upon disposal.
(b) The board shall operate any pilot program established pursuant
to this section from July 1, 1995, until July 1, 1997. The board
shall, in conducting any pilot program established pursuant to this
section, solicit voluntary participation by certified used oil
collection centers and curbside collection programs, operate the
program in specific geographic areas selected by the board, and pay a
recycling incentive fee to every participating curbside collection
program or certified used oil collection center for used oil filters
collected from the public and transferred to a metal reclaimer for
the purpose of recycling.
(c) The board shall, on or before November 1, 1997, prepare a
report on the success or failure of any pilot program established
pursuant to this section and include recommendations for legislation,
if warranted, for a used oil filter recycling program. The board
shall make the report available to the Governor, the appropriate
policy and fiscal committees of the Legislature, and, upon request,
to Members of the Legislature.
(d) The board shall not expend more than one hundred twenty
thousand dollars ($120,000) annually during each year of the two-year
pilot program for purposes of conducting the program.
(e) If a statewide oil filter recycling program is enacted by the
Legislature prior to July 1, 1997, the board shall terminate the
pilot program and prepare the final report within six months of the
enactment of the oil filter recycling program.
SEC. 37. Section 2802.5 of the Vehicle Code is repealed.
2802.5. (a) The Department of the California Highway Patrol, in
cooperation with the Public Utilities Commission, the State Board of
Equalization, the Department of Motor Vehicles, the Judicial Council,
and other appropriate agencies, shall develop an interagency
agreement under which the agencies shall assign one or more employees
or interagency clerks at one or more commercial vehicle inspection
facilities of the department which are open on a continuous basis.
The employees or interagency clerks shall be assigned duties to
perform on behalf of the state agencies which are a party to the
agreement as specified in subdivision (b). However, in the case of
the Judicial Council, the clerk shall perform duties on behalf of the
clerk of the municipal court district in which the inspection
facility is located, or of the superior court in a county in which
there is no municipal court.
(b) The employees or interagency clerks may issue registration
permits for any of the state agencies which are parties to the
interagency agreement, accept the payment of any fees due any of the
state agencies, accept payment of bail or fines, set court dates, and
perform other ministerial administrative functions for the state
agencies or court. The Department of the California Highway Patrol,
in cooperation with the other state agencies, shall provide
computerized equipment appropriate to identify the
status of any vehicles or drivers passing
through the inspection facility. The employees or interagency clerks
shall accept payment by credit card. Assigned personnel may remain
the employees of their respective agencies, or as may otherwise be
provided by the interagency agreement. The interagency agreement
shall provide for sharing of associated costs between participating
agencies, based on the anticipated enhanced revenue collections.
(c) At the request of any peace officer, the employees or
interagency clerks shall determine the status of any outstanding
warrants and whether all fees due have been paid with respect to a
driver or vehicle present at the inspection facility.
(d) A peace officer at the inspection facility may store or
impound any vehicle upon determination that the vehicle or the driver
of the vehicle has failed to pay registration, regulatory, fuel
permit, or other fees, or has any outstanding warrants in any county
in the state. The stored or impounded vehicle shall be released upon
payment of those fees, fines, or the posting of bail. Upon request,
the driver or owner of the vehicle may request a hearing to
determine the validity of the seizure.
(e) The Department of the California Highway Patrol may implement
this program as a demonstration pilot program at one or more
locations. The department, on or before February 1, 1992, shall
report its recommendations for continuation, expansion, or
termination of the program to the Legislature. The report shall also
include comments from the trucking industry concerning the benefits
and problems in the program and any recommendations as a result of
the pilot project. The report shall also consider the potential for
ports of entry at major highway entry points to California, similar
to programs already implemented in other states.
SEC. 38. Section 4764.1 of the Vehicle Code is repealed.
4764.1. The Legislature finds that there is a significant loss of
revenue to local governments due to the present inability of the
department to collect unpaid parking violation penalties in cases
where the ownership of a vehicle has been transferred. It is,
therefore, the intent of the Legislature that the department, in
cooperation with parking citation processing agencies, shall develop
a plan to establish a pilot program by which parking violation
penalties and administrative fees may be collected without regard to
whether a vehicle is transferred.
SEC. 39. Section 4764.2 of the Vehicle Code is repealed.
4764.2. Notwithstanding Section 4764, the department shall, in
cooperation with parking citation processing agencies, develop a plan
to establish a pilot program by which parking penalties and
administrative fees may be collected without regard to whether a
vehicle is transferred. The plan shall address, but not be limited
to, a review of the following:
(a) A method by which parking violators with 25 or more notices of
parking violations on file with the department can be identified and
be made responsible for payment of their parking penalties. The
director may establish a lower numerical threshold if it is
determined to be cost-effective.
(b) A system by which a common identifier can assist the
department in identifying any vehicles owned by the same owner if a
common identifier is deemed desirable.
SEC. 40. Section 4764.3 of the Vehicle Code is repealed.
4764.3. The department, pursuant to Section 4763, shall assess a
fee to cover the costs of the pilot program.
SEC. 41. Section 4764.4 of the Vehicle Code is repealed.
4764.4. The department shall report on the plan developed
pursuant to Section 4764.2 to the Legislature on or before March 31,
1989. The report shall examine whether the costs of the pilot
program can be recovered from fees and whether the pilot program will
result in a net revenue gain for all local agencies which
participate in the program. If the pilot program is shown to be
cost-effective, then the department may request funding for the
program in the 1989-90 Governor's Budget. Upon appropriation of
funds for the pilot program in the 1989-90 Budget Act, the department
may implement a 24-month pilot program on or before December 31,
1989. The department shall submit an interim report to the
Legislature evaluating the results of the pilot program by January 1,
1991, and a final report, with recommendations, by July 1, 1991.
SEC. 42. Section 729.11 of the Welfare and Institutions Code is
repealed.
729.11. (a) There is hereby established within the Office of
Criminal Justice Planning, a demonstration program known as the
"Juvenile Offender Substance Abuse Treatment Program." The goal of
the demonstration program shall be to provide substance abuse
intervention options for the juvenile courts.
(b) The Office of Criminal Justice Planning shall establish a
county probation department demonstration project in at least three
counties which shall be selected from among those counties submitting
applications to the office. The demonstration projects shall be
limited to the treatment of delinquent youth who have been assessed
to be substance dependent or in imminent danger of substance
dependence. Eligible youth will be those over which the juvenile
court has retained jurisdiction pursuant to Section 602.
(c) The goals and functions of each demonstration project shall
include, but are not limited to, all of the following:
(1) Development of substance assessment screening instruments at
each project to be used at intake to classify the juvenile for
possible placement in the program.
(2) Intensive in-custody substance abuse programs, including drug
and alcohol education, individual and group counseling, family
counseling, job training, self-esteem and personal motivation, life
skills, and a volunteer mentor support network.
(d) Wards placed in custody shall be assigned to substance
intervention team staff trained in program elements based on a
reduced caseload.
(e) All wards who complete an in-custody substance abuse program
or those placed directly on probation by the courts who require
substance abuse intervention shall be transferred to an intensive
aftercare or maximum supervision probation caseload. Wards assigned
to these intensive caseloads may be required to meet intensive
surveillance standards, including antidrug testing, day reporting,
frequent contact with the probation officer, frequent contact with a
therapist, and participation in designated community service
substance prevention work projects for selected youth.
During this period of supervision, program elements, similar to
those provided within juvenile custodial facilities, shall be
established in the community for individual probationers, and their
families, by designated intervention team staff. The "intervention
team staff" shall include a probation officer, a treatment counselor,
an educator, and job counselor.
(f) The development of the programs specified in subdivisions (c),
(d), and (e) shall be in consultation with the county drug and
alcohol administrator to assure appropriate program standards and to
assure that the program is not duplicative, and that it is
coordinated with California's Drug and Alcohol Abuse Master Plan, as
specified in Section 11998.1 of the Health and Safety Code.
(g) The demonstration program shall be a two-year program and is
contingent upon the availability and receipt of federal Anti-Drug
Abuse Act funding. The first-year funding of the program shall be
appropriated from moneys received by the Office of Criminal Justice
Planning pursuant to the federal Anti-Drug Abuse Act of 1988 (Public
Law 100-690). The second year of funding the program shall be
provided by the selected demonstration program projects.
SEC. 43. Section 1760.3 of the Welfare and Institutions Code is
repealed.
1760.3. (a) For purposes of this section "graffiti" means any
unauthorized inscription, word, figure, or design which is marked,
etched, scratched, drawn, or painted on any structural component of
any building, structure, or other facility regardless of its content
or nature and regardless of the nature of the material of that
structural component.
(b) The Youth Authority shall establish and monitor the progress
of a three-year pilot project in Los Angeles County for the removal
of graffiti. The pilot project shall be administered by the Los
Angeles County Probation Office which shall require adults, minors,
or adults and minors, who are on probation, as part of community
service ordered to be performed as a condition of their probation, to
perform work necessary and proper to repair, remove, clean, or
reconstruct any damage or defacement resulting from the application
of graffiti to public buildings, structures, or other facilities
owned by the state, Los Angeles County, any city within Los Angeles
County, or any district or other political subdivision of the state.
(c) The Los Angeles County Probation Office also may, in its
discretion, as part of the pilot project, require wards of the
juvenile court who are placed in the juvenile hall for Los Angeles
County or any juvenile home, ranch, or camp located in Los Angeles
County to perform work necessary and proper to repair, remove, clean,
or reconstruct any damage or defacement resulting from the
application of graffiti to public buildings, structures, or other
facilities owned by the state, Los Angeles County, any city within
Los Angeles County, or any district or other political subdivision of
the state.
SEC. 44. Chapter 1 (commencing with Section 8016) of Division 8 of
the Welfare and Institutions Code is repealed.
SEC. 45. Section 11265.5 of the Welfare and Institutions Code is
amended to read:
11265.5. (a) (1) The department may, subject to the requirements
of federal regulations and Section 18204, conduct three pilot
projects, to be located in the Counties of Los Angeles, Merced, and
Santa Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
(i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
(ii) The amount of cash assistance paid to families.
(iii) The rate of administrative errors in cases and payments.
(iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
(v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
(vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
(vii) The incidence of, and ability to, prosecute fraud.
(viii) Ease of use by clients.
(ix) Case errors and potential sanction costs associated with
those errors.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which
monthly reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the food
stamp on-line issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
(1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section and Section 18920 .
(B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC and food stamp programs. The final evaluations shall be
prepared by an independent consultant or consultants contracted with
for that purpose prior to the commencement of the projects.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
SEC. 46. Section 14115.6 of the Welfare and Institutions Code is
repealed.
14115.6. The department shall establish a pilot project under
which a nurse practitioner may bill independently for services
provided in a nursing facility, as defined in Section 1250 of the
Health and Safety Code. Nurse practitioners shall be compensated by
the department for those services which would be compensable had the
services been provided by a physician. If a nurse practitioner
chooses to bill independently for these services, the department
shall make the payment for the services directly to the nurse
practitioner. The department shall ensure that payments made to
providers who employ nurse practitioners who bill separately are
adjusted to reflect this separation so as not to increase the
financial obligation incurred by the Medi-Cal program. The
department shall establish a reimbursement rate for nurse
practitioners who choose to bill independently pursuant to this
section.
The pilot project shall be in operation for one year and the
department shall submit a report to the Legislature no later than
three months after the completion of the project.
Nurse practitioners shall, however, continue to bill through
physicians for Medicare patients until such time as relevant federal
regulations are changed or until waivers of relevant federal
regulations are obtained.
The department shall seek any federal waivers necessary to avoid
conflict with federal law. If a waiver is necessary, the department
may, until the waiver is obtained, limit the implementation of this
section to the extent that federal matching funds are available.
SEC. 47. Section 14133.61 of the Welfare and Institutions Code is
repealed.
14133.61. The State Director of Health Services shall implement
and pilot test the use of a micrographics document location and
retrieval system in the San Francisco Medi-Cal Field Office during
fiscal year 1981-82 as a means to reduce treatment authorization
request requirements on providers in the area served by that field
office. The purpose of the pilot test is to demonstrate the
feasibility of using a micrographics supported records system to
reduce TAR requirements on providers of Medi-Cal services. System
implementation shall be through a lease contract with a micrographics
company doing business in California. The State Director of Health
Services shall report progress on this pilot project to the
Legislature by July 31, 1982.
SEC. 48. Section 16515 of the Welfare and Institutions Code is
repealed.
16515. The State Department of Social Services shall select two
county children's service agencies to operate a model project to
provide respite care services for children with special needs in the
area of physical and health handicaps in foster care. The respite
care pilot project shall be operational until July 1, 1991.
(a) The director shall designate the County of Orange and the
County of San Diego as the pilot counties to provide respite care for
handicapped children in family homes, small family homes, as
defined in paragraph (6) of subdivision (a) of Section 1502 of the
Health and Safety Code.
(b) The services to be provided shall include respite care defined
as child care occurring up to 24 hours in one day. This respite
care shall not be provided for any longer than 48 hours for any child
in any one month.
(c) The State Department of Social Services in conjunction with
the Orange County Social Services Agency and the San Diego County
Department of Social Services, shall report to the Legislature on the
effectiveness of this respite care pilot project by July 1, 1990.
The evaluation report shall include, but not be limited to, the
following data, by county:
(1) The number of handicapped children in family homes and small
family homes before, during, and at the conclusion of the respite
care pilot project.
(2) The number of foster children for whom respite care was
provided by the pilot project.
(3) The number of hours of respite care provided by the pilot
project.
(4) The cost of providing respite care, on an hourly and
aggregated basis.
(d) This project shall be deemed to be successful if the Counties
of Orange and San Diego each experience a 25 percent increase in the
total number of family homes and small family homes.
SEC. 49. Article 2 (commencing with Section 18210) of Chapter 3 of
Part 6 of Division 9 of the Welfare and Institutions Code is
repealed.
SEC. 50. Section 18600 of the Welfare and Institutions Code is
repealed.
18600. There is hereby established a two-year pilot project under
which the State Department of Rehabilitation shall contract with
private nonprofit organizations serving the blind to provide the
newly blind and severely visually impaired persons 55 years of age or
older with the following services as needed:
(a) Counseling.
(b) Personal adjustment including instruction in daily living
skills.
(c) Instruction in orientation and mobility.
As used in this article a severely visually impaired person shall
be defined as a person who, with best corrected vision, is unable to
read newsprint.
SEC. 51. Section 18919 of the Welfare and Institutions Code is
repealed.
18919. (a) The director may establish, within the Food Stamp
Program, the Food Stamp Cash Out Demonstration Project.
(b) To enable San Diego County to conduct a demonstration project,
the director may, by formal order, waive the enforcement of Section
18904 and specific regulations and standards. The order establishing
the waiver shall provide alternative methods and procedures of
administration and issuance, shall not be in conflict with the basic
purposes or coverage provided by law, shall not reduce the amount of
benefits that recipients would otherwise be entitled to under the
Food Stamp Program, shall not be general in scope but shall apply
only to this project, shall not exceed five years, and shall not take
effect unless and until the following conditions have been met:
(1) The appropriate federal agency has agreed on or before June
30, 1989, to waive the federal requirements for the same project.
(2) A comprehensive plan, including an analysis of the expected
costs and savings, has been published in a newspaper of general
circulation in San Diego County and filed with the policy and fiscal
committees of each house of the Legislature.
(c) During the duration of the demonstration project, cashed out
food stamp benefits shall not be considered as income in determining
eligibility, the amount of aid, or benefit levels in any other public
benefit or subsidy program. Applicants and recipients shall be
entitled to the same rights to fair hearings and appeals that they
would otherwise be entitled to under the Food Stamp Program.
(d) San Diego County shall submit an annual report to the
department on the demonstration project authorized by this section.
The county shall additionally collect and report any data and
findings as required by the department and shall cooperate with the
department in evaluating the demonstration project.
(e) Within nine months of the termination of the demonstration
project authorized by this section, the department shall submit to
the Legislature a report evaluating the effectiveness of the
demonstration project. The report shall address, but not be limited
to, the impact of the demonstration project on all of the following:
(1) Food stamp processing and mailing costs.
(2) Eligibility staff time and other administrative costs.
(3) Losses caused by fraud and theft.
(4) Changes in program benefits received by, and receptivity to
cashed out benefits of, food stamp recipients.
(5) Food stamp error rate prior to and during cash out of food
stamps.
(f) The director may extend the demonstration project to June 30,
1997.
SEC. 52. Section 18920 of the Welfare and Institutions Code is
repealed.
18920. (a) (1) The department may conduct three pilot projects,
to be located in the Counties of Los Angeles, Merced, and Santa
Clara, upon approval of the
department and the participating counties. The pilot projects shall
test the reporting systems described in subparagraphs (A), (B), and
(C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both of the reporting systems described in subparagraphs
(A) and (B) of paragraph (4). The pilot project population in Los
Angeles County shall be limited to 10,000 cases for each test.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraphs (A) and (C) of
paragraph (4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
the phenomena described in subparagraph (C) of paragraph (3) of
subdivision (a) of Section 11265.5.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires households with no income,
other than grants issued by the county welfare department, or whose
only income is comprised of old age, survivors, and disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history, to report changes in circumstances
that affected eligibility and benefit amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which
monthly reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported, shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits households with no income,
other than grants issued by the county welfare department, or whose
only income is comprised of old age, survivors, and disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response system or the
food stamp on-line issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all households to report
changes in circumstances that affect eligibility and benefit amount
as changes occur. These changes shall be reported directly to the
county welfare department in person, in writing, or by telephone. In
all cases in which monthly reporting is not required, a form
advising recipients of what changes must be reported, and how they
may be reported, shall be provided to recipients of aid along with
benefit payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department. If federal approvals or waivers are necessary to
implement the proposals, the department shall seek these approvals
and waivers from the appropriate federal agency. The development,
operation, and evaluation of the pilot projects shall not result in
an increase in the state allocation of county administrative funds.
(1.5) The pilot counties shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section and Section 11265.5.
(B) (i) The final reports shall each include an evaluation of the
pilot project based on an analysis of the factors set forth in
subparagraph (C) of paragraph (3) of subdivision (a) compared to each
other, to the current reporting systems in the AFDC and Food Stamp
programs and any additional factors as determined by the department.
The final evaluation shall be prepared by an independent consultant
or consultants contracted with for that purpose prior to the
commencing of the projects.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in subparagraph (C) of paragraph
(3) of subdivision (a) of Section 11265.5 compared to each other and
the current reporting systems in both the AFDC and food stamp
programs.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) (1) The director may, by formal order, waive the enforcement
of specific statutory requirements, regulations, and standards in one
or more counties, as required for the implementation of the pilot
projects.
(2) Any waiver under paragraph (1) shall meet all of the following
requirements:
(A) It shall not conflict with the basic purposes, coverage, or
benefits provided by law.
(B) It shall not be general in scope, but shall apply only to this
project.
(C) It shall apply only during the authorized period during which
the pilot projects are implemented under this section, not to exceed
a period of three years.
(D) It shall provide alternative methods and procedures of
administration.
(E) It shall not reduce the amount of benefits to which recipients
would otherwise be entitled under the Food Stamp Program.
(F) It shall not take effect unless and until the appropriate
federal agency has agreed to waive the federal requirements for the
same project.
(d) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(e) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
SEC. 53. Chapter 13 (commencing with Section 18990) of Part 6 of
Division 9 of the Welfare and Institutions Code is repealed.