BILL NUMBER: AB 14	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  AUGUST 27, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN SENATE  JUNE 14, 2007
	AMENDED IN ASSEMBLY  APRIL 12, 2007

INTRODUCED BY   Assembly Member Laird
   (Coauthors: Assembly Members Hancock, Leno, Lieber, and Saldana)
   (Coauthors: Senators Kehoe and Kuehl)

                        DECEMBER 4, 2006

   An act to amend Sections 125.6, 16721, 16721.5, 19572, 23426.5,
23428.19, 23428.28, and 23438 of the Business and Professions Code,
to amend Sections 82, 83, 84, 85, and 1747.80 of the Civil Code, to
amend Sections 204 and 425.15 of the Code of Civil Procedure, to
amend Sections 5047.5 and 24001.5 of the Corporations Code, to amend
Sections 66030, 66251, 66270, 66292, 66292.1, 66292.2, 69535,72011,
72014, 89757, and 92150 of the Education Code, to amend Section 2110
of the Elections Code, to amend Sections 11015, 11131, 54091, 54092,
54961, and 68088 of the Government Code, to amend Sections 1317,
1317.3, and 11801 of the Health and Safety Code, to amend Section
10115.7 of the Public Contract Code, to amend Sections 5080.18 and
5080.34 of the Public Resources Code, to amend Sections 453 and
12751.3 of the Public Utilities Code, to amend Section 24343.2 of,
and to repeal and amend Section 17269 of, the Revenue and Taxation
Code, and to amend Sections 4666, 5348, 5806, 10000, 16522.1, and
18907 of the Welfare and Institutions Code, relating to
discrimination.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 14, Laird. Discrimination: Civil Rights Act of 2007.
   (1) The Unruh Civil Rights Act entitles all persons within the
jurisdiction of this state to the full and equal accommodations,
advantages, facilities, privileges, or services in all business
establishments, regardless of sex, race, color, religion, ancestry,
national origin, disability, medical condition, marital status, or
sexual orientation.
   Under existing law, persons holding licenses under the provisions
of the Business and Professions Code are subject to disciplinary
action for refusing, or aiding or inciting another licensee to
refuse, to perform the licensed services because of the prospective
recipient's race, color, sex, religion, ancestry, disability, marital
status, or national origin. Existing law also creates an exception
to that prohibition for healing arts practitioners if the licensed
activity sought would pose a direct threat to the health or safety of
others.
   This bill would enact the Civil Rights Act of 2007, as described
herein, and would instead subject those licensees to disciplinary
action if the above-described discrimination is based upon the
prospective recipient's sex, race, color, religion, ancestry,
national origin, disability, medical condition, marital status, or
sexual orientation. This bill would also provide, however, that
nothing in these provisions would prohibit the consideration of those
characteristics for purposes of diagnosis or treatment, or require
any healing arts practitioner to perform a licensed activity for
which he or she is not qualified.
   (2) Existing law provides that no person within the jurisdiction
of this state shall be excluded or required to be excluded from a
business transaction on the basis of a policy expressed in any
document or writing and imposed by a 3rd party if that policy
requires discrimination against that person on the basis of the
person's sex, race, color, religion, ancestry, or national origin, or
on the basis that the person conducts or has conducted business in a
particular location.
   This bill would instead prohibit that discrimination if based upon
sex, race, color, religion, ancestry, national origin, disability,
medical condition, marital status, or sexual orientation, or on the
basis that the person conducts or has conducted business in a
particular location.
   (3) Existing law provides that it is an unlawful trust and an
unlawful restraint of trade for any person to grant or accept any
letter of credit, or other document that evidences the transfer of
funds or credit, or enter into any contract for the exchange of goods
or services, if the letter of credit, contract, or other document
contains any provision that requires any person to discriminate
against, or to certify that he, she, or the letter, contract, or
document has not dealt with, any other person on the basis of sex,
race, color, religion, ancestry, or national origin, or on the basis
of a person's lawful business association.
   This bill would instead prohibit that discrimination if based upon
sex, race, color, religion, ancestry, national origin, disability,
medical condition, marital status, or sexual orientation, or on the
basis of a person's lawful business association.
   (4) The Horse Racing Law authorizes the California Horse Racing
Board to provide by rule for the exclusion or ejection of specified
persons from any horse racing inclosure. Notwithstanding that
authorization, the law prohibits the board from providing by rule for
the exclusion or ejection of a person on the ground of race, color,
creed, national origin or ancestry, or sex.
   This bill would instead prohibit the board from excluding or
ejecting a person on the ground of sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation.
   (5) Existing law prohibits tennis, handball, racquetball, and
beach and athletic clubs from discriminating against any person on
account of specified characteristics.
   This bill would conform those provisions to the Unruh Civil Rights
Act, and instead prohibit those clubs from discriminating on account
of sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation.

   (6) Existing law requires every alcoholic beverage club licensee
that restricts membership or the use of its services or facilities on
the basis of age, sex, race, religion, color, ancestry, or national
origin to incorporate a printed statement on its receipts that the
expenditures covered by those receipts are nondeductible for tax
purposes.
   This bill would instead impose that requirement upon every
alcoholic beverage club licensee that restricts membership or the use
of its services or facilities on the basis of ancestry, race,
national origin, ethnic group identification, religion, age, sex,
sexual orientation, color, or disability.
   (7) The California Fair Dealership Law prohibits various acts of
discrimination based on race, color, religion, national ancestry, or
sex, with regard to the granting of dealerships, as defined.
   This bill would conform those provisions to the Unruh Civil Rights
Act, and instead prohibit that discrimination based upon sex, race,
color, religion, ancestry, national origin, disability, medical
condition, marital status, or sexual orientation.
   (8) A provision of the Song-Beverly Credit Card Act of 1971
prohibits a card issuer, as defined, from refusing to issue a credit
card to a person solely because of that person's race, religious
creed, color, national origin, ancestry, or sex.
   This bill would conform that provision to the Unruh Civil Rights
Act, and instead prohibit that discrimination if based upon sex,
race, color, religion, ancestry, national origin, disability, medical
condition, marital status, or sexual orientation.
   (9) Existing law specifies that no eligible person shall be exempt
from service as a trial juror by reason of occupation, race, color,
religion, sex, national origin, economic status, or sexual
orientation, or for any other reason.
   This bill would instead specify that no eligible person shall be
exempt from service as a trial juror by reason of occupation,
economic status, race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, or disability, or for
any other reason.
   (10) Existing law provides that no cause of action may be
maintained against a person serving without compensation as a
director or officer of a nonprofit corporation incorporated pursuant
to specified provisions of the nonprofit corporation law on account
of any negligent act or omission by that person within the scope of
that person's duties, except by court order or if the corporation
unlawfully restricts membership, services, or benefits conferred on
the basis of race, religious creed, color, national origin, ancestry,
sex, marital status, disability, political affiliation, or age.
   This bill would instead except from that immunity a director or
officer of a nonprofit corporation that unlawfully restricts
membership, services, or benefits on the basis of ancestry, marital
status, political affiliation, race, national origin, religion, age,
sex, sexual orientation, color, disability, or medical condition.
   (11) Existing law provides that it is the policy of the state to
afford all persons equal rights and opportunities in the
postsecondary institutions of the state, regardless of specified
factors. Existing law prohibits those institutions from
discriminating on the basis of those factors, and requires the
governing board of each community college district, the Chancellor of
the California State University, the president of each California
State University campus, the President of the University of
California, and the chancellor of each University of California
campus to ensure that campus programs and activities are free from
discrimination based upon those factors.
   This bill would recast those factors in terms of, among others,
sex, race, color, religion, age, ethnic group identification,
national origin, disability, or sexual orientation.
   (12) Existing law requires Cal Grant Program awards to be awarded
without regard to race, religion, creed, sex, or age.
   This bill would instead require Cal Grant Program awards to be
awarded without regard to age, sex, race, color, religion, ethnic
group identification, national origin, disability, or sexual
orientation.
   (13) Existing law prohibits the funds of a community college
district, California State University, or University of California to
be used for membership with, or for any participation involving a
financial payment or contribution to, any private organization which
membership practices are discriminatory on the basis of race, creed,
color, sex, religion, or national origin.
   This bill would instead prohibit those funds from being used for
membership or participation with any private organization that
discriminates on the basis of sex, race, color, religion, age, ethnic
group identification, national origin, disability, or sexual
orientation.
   (14) Existing law prohibits a county elections official from
refusing to deputize a person to register voters because of race,
creed, color, national origin, ancestry, sex, marital status,
disability, religious or political affiliation, or age.
   This bill would instead prohibit that refusal to deputize if based
upon a person's ancestry, marital status, political affiliation,
race, national origin, ethnic group identification, religion, age,
sex, sexual orientation, color, or disability.
   (15) Existing law prohibits the state from using state funds for
membership or any participation involving any private organization or
the use of a facility which membership practices discriminate on the
basis of, among others, race, creed, color, sex, religion, or
national origin. Existing law also prohibits the legislative body of
a local agency from using a facility which practices discriminate on
the basis of those factors.
   This bill would instead prohibit that state or local involvement
and use of private facilities if the organization or facility
discriminates on the basis of, among others, ancestry, race, national
origin, ethnic group identification, religion, age, sex, sexual
orientation, color, or disability.
   (16) Existing law requires a city, county, or other local agency
that owns, operates, or controls a public beach, or access to that
beach, to allow for its use by any person regardless of color, race,
religion, ancestry, sex, national origin, or residence.
   This bill would allow for that access regardless of sex, race,
color, religion, ancestry, age, ethnic group identification, national
origin, disability, sexual orientation, or residence.
   (17) Existing law authorizes the Judicial Council to provide by
rule of court for racial, ethnic, gender bias, and sexual harassment
training for judges, commissioners, and referees.
   This bill would further authorize the Judicial Council to provide
by rule of court for training for judges, commissioners, and referees
on any other bias based on race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability.
   (18) Existing law prohibits the provision of emergency services
and care to be based upon, or affected by, a person's race,
ethnicity, religion, national origin, citizenship, age, sex,
preexisting medical condition, physical or mental handicap, insurance
status, economic status, or ability to pay for medical services,
except as specified, and requires every hospital to adopt that
policy.
   This bill would instead prohibit that discrimination if based upon
ethnicity, citizenship, age, preexisting medical condition,
insurance status, economic status, ability to pay for medical
services, sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation,
except as specified, and would require every hospital to adopt that
policy.
   (19) Existing law authorizes each county to apply to the State
Department of Health Services for funds for the purposes of
alleviating problems in its county related to alcohol and drug abuse.
Existing law authorizes each county to administer and coordinate all
county alcohol and other drug programs funded by the state. Existing
law requires every county alcohol and drug program administrator to
assure compliance with applicable laws relating to discrimination
against any person because of race, creed, age, religion, sex, sexual
preference, or disabling conditions.
   This bill would instead require every county alcohol and drug
program administrator to assure compliance with applicable laws
relating to discrimination against any person because of race,
national origin, ethnic group identification, religion, age, sex,
sexual orientation, color, or disability.
   (20) Existing law prohibits state governmental entities and
contractors from discriminating in the awarding of any contract or
subcontract on the basis of race, color, sex, ethnic origin, or
ancestry.
   This bill would instead prohibit that discrimination on the basis
of ancestry, race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, or disability.
   (21) Existing law governs contracts for state park system
concessions, and prohibits discrimination by a concessionaire or his
or her agents or employees against any person because of the race,
color, religion, sex, marital status, national origin, or ancestry of
that person.
   This bill would conform those provisions to the Unruh Civil Rights
Act, and would instead prohibit that discrimination if based upon
sex, race, color, religion, ancestry, age, ethnic group
identification, national origin, disability, medical condition,
marital status, or sexual orientation.
   (22) Existing law prohibits a public utility from charging a
person different rates or deposit amounts because of that person's
race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, occupation, sex, marital status, or
change in marital status.
   This bill would instead prohibit that discrimination if based upon
occupation, sex, race, color, religion, ancestry, age, ethnic group
identification, national origin, disability, medical condition,
marital status, or sexual orientation.
   (23) The Municipal Utility District Act prohibits a municipal
utility district from discriminating in the awarding and performance
of district contracts on the basis of race, color, sex, national
origin, marital status, sexual preference, creed, ancestry, medical
condition, or retaliation.
   This bill would instead prohibit that discrimination if based upon
marital status, ancestry, medical condition, race, national origin,
ethnic group identification, religion, age, sex, sexual orientation,
color, disability, or retaliation.
   (24) The Personal Income Tax Law and the Bank and Corporation Tax
Law prohibit tax deductions based upon payments or expenditures made
at a club that restricts membership or the use of its services or
facilities on the basis of age, sex, race, religion, color, ancestry,
or national origin.
   This bill would instead prohibit those deductions if made at a
club that discriminates on the basis of ancestry, race, national
origin, ethnic group identification, religion, age, sex, sexual
orientation, color, or disability. The bill would also delete an
identical and duplicate provision as that described above.
   (25) Existing law requires the state to contract with appropriate
agencies to provide regional centers in the community for persons
with developmental disabilities. Existing law prohibits those
regional centers from conducting any meeting, conference, or other
function in any facility that discriminates on the basis of race,
religious creed, color, national origin, ancestry, sex, or
disability.
   This bill would further prohibit those centers from conducting any
meeting, conference, or other function in any facility that
discriminates on the basis of ancestry, race, national origin, ethnic
group identification, religion, age, sex, sexual orientation, color,
or disability.
   (26) Existing law requires any county that chooses to provide
assisted outpatient treatment services to consider the cultural,
linguistic, gender, age, and special needs of minorities in the
target populations.
   This bill would additionally require those counties to consider
those needs based upon race, national origin, ethnic group
identification, religion, sex, sexual orientation, color, or
disability in the target populations.
   (27) Existing law requires the State Department of Mental Health
to establish service standards that ensure that members of the target
population are identified and that services are provided to assist
those members. Existing law requires those individual personal
service plans to ensure that members of the target population
involved in the system of care receive age, gender, and culturally
appropriate services, to the extent feasible.
   This bill would additionally require those service plans to ensure
that members of the target population receive culturally appropriate
services or appropriate services based upon race, national origin,
ethnic group identification, religion, sex, sexual orientation,
color, or disability, to the extent feasible.
   (28) Existing law specifies that for the purposes of the Welfare
and Institutions Code that aid shall be administered and services
provided promptly and humanely, with due regard for the preservation
of family life, and without discrimination on account of race,
national origin or ancestry, religion, sex, marital status, or
political affiliation.
   This bill would instead specify that those services be provided
without discrimination on account of ancestry, marital status,
political affiliation, race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability.
   (29) Existing law requires the State Department of Social Services
to adopt regulations to govern county transitional housing placement
programs that provide supervised housing services to youth meeting
specified criteria. Existing law requires the department to review
the admission criteria to ensure that the criteria are sufficient to
protect participants and that they do not discriminate on the basis
of race, gender, sexual orientation, or disability.
   This bill would instead require that the admission criteria do not
discriminate on the basis of race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability.
   (30) Existing law establishes a statewide program to enable
specified recipients of aid and other low-income households to
receive food stamps under the federal Food Stamp Program. Existing
law provides that in the determination of eligibility for food
stamps, there shall be no discrimination against any household by
reason of race, color, religious creed, national origin, sex, marital
status, or political belief, to the extent not in conflict with
federal law.
   This bill would instead prohibit that discrimination if based upon
marital status, political belief, race, national origin, ethnic
group identification, religion, age, sex, sexual orientation, color,
or disability, to the extent not in conflict with federal law.
   (31) This bill would provide that the changes to Sections 66030,
66251, 66292, 66292.1, 66292.2, 69535, 72011, 72014, 89757, and 92150
of the Education Code proposed by this bill shall not become
operative if SB 777 is enacted and becomes effective on or before
January 1, 2008, each bill amends those provisions, and this bill is
chaptered last.
   (32) This bill would incorporate additional changes in Section
66270 of the Education Code, proposed by SB 777, to be operative only
if SB 777 and this bill are both chaptered and become effective on
or before January 1, 2008, and this bill is chaptered last.
   (33) This bill would incorporate additional changes in Section
5806 of the Welfare and Institutions Code, proposed by SB 851, to be
operative only if SB 851 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
   (34) This bill would incorporate additional changes in Section
16522.1 of the Welfare and Institutions Code, proposed by AB 671, to
be operative only if AB 671 and this bill are both chaptered and
become effective on or before January 1, 2008, and this bill is
chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares as follows:
   (a) Even prior to passage of the Unruh Civil Rights Act,
California law afforded broad protection against arbitrary
discrimination by business establishments. The Unruh Civil Rights Act
was enacted to provide broader, more effective protection against
arbitrary discrimination. California's interest in preventing that
discrimination is longstanding and compelling.
   (b) In keeping with that history and the legislative history of
the Unruh Civil Rights Act, California courts have interpreted the
categories enumerated in the act to be illustrative rather than
restrictive. It is the intent of the Legislature that these
enumerated bases shall continue to be construed as illustrative
rather than restrictive, and, consistent with the Unruh Civil Rights
Act, that the civil rights provisions of this act that reference
Section 51 of the Civil Code also be interpreted to be illustrative
rather than restrictive.
  SEC. 1.5.  This act shall be known and may be cited as the Civil
Rights Act of 2007.
  SEC. 2.  Section 125.6 of the Business and Professions Code is
amended to read:
   125.6.  (a) (1) With regard to an applicant, every person who
holds a license under the provisions of this code is subject to
disciplinary action under the disciplinary provisions of this code
applicable to that person if, because of any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code,
he or she refuses to perform the licensed activity or aids or incites
the refusal to perform that licensed activity by another licensee,
or if, because of any characteristic listed or defined in subdivision
(b) or (e) of Section 51 of the Civil Code, he or she makes any
discrimination, or restriction in the performance of the licensed
activity.
   (2) Nothing in this section shall be interpreted to prevent a
physician or health care professional licensed pursuant to Division 2
(commencing with Section 500) from considering any of the
characteristics of a patient listed in subdivision (b) or (e) of
Section 51 of the Civil Code if that consideration is medically
necessary and for the sole purpose of determining the appropriate
diagnosis or treatment of the patient.
   (3) Nothing in this section shall be interpreted to apply to
discrimination by employers with regard to employees or prospective
employees, nor shall this section authorize action against any club
license issued pursuant to Article 4 (commencing with Section 23425)
of Chapter 3 of Division 9 because of discriminatory membership
policy.
   (4) The presence of architectural barriers to an individual with
physical disabilities that conform to applicable state or local
building codes and regulations shall not constitute discrimination
under this section.
   (b) (1) Nothing in this section requires a person licensed
pursuant to Division 2 (commencing with Section 500) to permit an
individual to participate in, or benefit from, the licensed activity
of the licensee where that individual poses a direct threat to the
health or safety of others. For this purpose, the term "direct threat"
means a significant risk to the health or safety of others that
cannot be eliminated by a modification of policies, practices, or
procedures or by the provision of auxiliary aids and services.
   (2) Nothing in this section requires a person licensed pursuant to
Division 2 (commencing with Section 500) to perform a licensed
activity for which he or she is not qualified to perform.
   (c) (1) "Applicant," as used in this section, means a person
applying for licensed services provided by a person licensed under
this code.
   (2) "License," as used in this section, includes "certificate,"
"permit," "authority," and "registration" or any other indicia giving
authorization to engage in a business or profession regulated by
this code.
  SEC. 3.  Section 16721 of the Business and Professions Code is
amended to read:
   16721.  Recognizing that the California Constitution prohibits a
person from being disqualified from entering or pursuing a business,
profession, vocation, or employment because of sex, race, creed,
color, or national or ethnic origin, and guarantees the free exercise
and enjoyment of religion without discrimination or preference; and
recognizing that these and other basic, fundamental constitutional
principles are directly affected and denigrated by certain ongoing
practices in the business and commercial world, it is necessary that
provisions protecting and enhancing a person's right to enter or
pursue business and to freely exercise and enjoy religion, consistent
with law, be established.
   (a) No person within the jurisdiction of this state shall be
excluded from a business transaction on the basis of a policy
expressed in any document or writing and imposed by a third party
where that policy requires discrimination against that person on the
basis of any characteristic listed or defined in subdivision (b) or
(e) of Section 51 of the Civil Code or on the basis that the person
conducts or has conducted business in a particular location.
   (b) No person within the jurisdiction of this state shall require
another person to be excluded, or be required to exclude another
person, from a business transaction on the basis of a policy
expressed in any document or writing that requires discrimination
against that other person on the basis of any characteristic listed
or defined in subdivision (b) or (e) of Section 51 of the Civil Code
or on the basis that the person conducts or has conducted business in
a particular location.
   (c) Any violation of any provision of this section is a conspiracy
against trade.
   (d) Nothing in this section shall be construed to prohibit any
person, on this basis of his or her individual ideology or
preferences, from doing business or refusing to do business with any
other person consistent with law.
  SEC. 4.  Section 16721.5 of the Business and Professions Code is
amended to read:
   16721.5.  (a) It is an unlawful trust and an unlawful restraint of
trade for any person to do the following:
   (1) Grant or accept any letter of credit, or other document that
evidences the transfer of funds or credit, or enter into any contract
for the exchange of goods or services, where the letter of credit,
contract, or other document contains any provision that requires any
person to discriminate against or to certify that he, she, or it has
not dealt with any other person on the basis of any characteristic
listed or defined in subdivision (b) or (e) of Section 51 of the
Civil Code, or on the basis of a person's lawful business
associations.
   (2) To refuse to grant or accept any letter of credit, or other
document that evidences the transfer of funds or credit, or to refuse
to enter into any contract for the exchange of goods or services, on
the ground that it does not contain a discriminatory provision or
certification.
   (b) The provisions of this section shall not apply to any letter
of credit, contract, or other document that contains any provision
pertaining to a labor dispute or an unfair labor practice if the
other provisions of that letter of credit, contract, or other
document do not otherwise violate the provisions of this section.
   (c) For purposes of this section, the prohibition against
discrimination on the basis of a person's business associations shall
be deemed not to include the requiring of association with
particular employment or a particular group as a prerequisite to
obtaining group rates or discounts on insurance, recreational
activities, or other similar benefits.
   (d) For purposes of this section, "person" shall include, but not
be limited to, individuals, firms, partnerships, associations,
corporations, and governmental agencies.
  SEC. 5.  Section 19572 of the Business and Professions Code is
amended to read:
   19572.  The board may, by rule, provide for the exclusion or
ejection from any inclosure where horse races are authorized, or from
specified portions of that inclosure, of any known bookmaker, known
tout, person who has been convicted of a violation of any provision
of this chapter or of any law prohibiting bookmaking or any other
illegal form of wagering on horseraces, or any other person whose
presence in the inclosure would, in the opinion of the board, be
inimical to the interests of the state or of legitimate horse racing,
or both. No rule shall provide for the exclusion or ejection of any
person on the ground of any characteristic listed or defined in
subdivision (b) or (e) of Section 51 of the Civil Code.
  SEC. 6.  Section 23426.5 of the Business and Professions Code is
amended to read:
   23426.5.  (a) For purposes of this article, "club" also means any
tennis club that maintains not less than four regulation tennis
courts, together with the necessary facilities and clubhouse, has
members paying regular monthly dues, has been in existence for not
less than 45 years, and is not associated with a common interest
development as defined in Section 1351 of the Civil Code, a community
apartment project as defined in Section 11004 of this code, a
project consisting of condominiums as defined in Section 783 of the
Civil Code, or a mobilehome park as defined in Section 18214 of the
Health and Safety Code.
   (b) It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of age or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.
  SEC. 7.  Section 23428.19 of the Business and Professions Code is
amended to read:
   23428.19.  For purposes of this article, "club" also means any
private club organized to play handball or racquetball, which owns,
maintains, or operates a building containing not less than four
regulation-size handball or racquetball courts, which has members,
and the members each pay regular monthly dues. As used in this
section, a "regulation-size handball or racquetball court" is a court
meeting the standards for regulation courts as are promulgated by
the United States Handball Association or an equivalent organization.

   It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of any characteristic listed or defined
in subdivision (b) or (e) of Section 51 of the Civil Code.
  SEC. 8.  Section 23428.28 of the Business and Professions Code is
amended to read:
   23428.28.  For the purposes of this article, "club" also means any
beach and athletic club that owns, maintains, or operates a standard
Amateur Athletic Union (AAU) swimming pool together with the
necessary facilities and clubhouse, has a minimum of 500 members
paying regular monthly dues, and has continuously operated for not
less than one year.
   No license shall be issued to any beach and athletic club
qualifying as a club pursuant to this section if the beach and
athletic club in any manner restricts membership or the use of its
facilities on the basis of age or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.
  SEC. 9.  Section 23438 of the Business and Professions Code is
amended to read:
   23438.  (a) Any alcoholic beverage club licensee which restricts
membership or the use of its services or facilities on the basis of
ancestry or any characteristic listed or defined in Section 11135 of
the Government Code shall, when issuing a receipt for expenses which
may otherwise be used by taxpayers for deduction purposes pursuant to
Section 162(a) of the Internal Revenue Code, for purposes of the
Personal Income Tax Law, or Section 24343 of the Revenue and Taxation
Code, for purposes of the Bank and Corporation Tax Law, incorporate
a printed statement on the receipt as follows:
   "The expenditures covered by this receipt are nondeductible for
state income tax purposes or franchise tax purposes."
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Expenses" means expenses, as defined in Section 17269 or
24343.2 of the Revenue and Taxation Code.
   (2)  "Club" means a club holding an alcoholic beverage license
pursuant to the provisions of this division, except a club holding an
alcoholic beverage license pursuant to Section 23425.
  SEC. 10.  Section 82 of the Civil Code is amended to read:
   82.  This part shall be liberally construed and applied to promote
its underlying purposes and policies, which are as follows:
   (a) The prohibition of discrimination based upon any
characteristic listed or defined in subdivision (b) or (e) of Section
51 in the granting, sale, transfer, bequest, termination, and
nonrenewal of dealerships.
   (b) The requirements of this part shall not be varied by contract
or agreement and any portion of a contract or agreement purporting to
do so is void and unenforceable.
  SEC. 11.  Section 83 of the Civil Code is amended to read:
   83.  On or after January 1, 1981, no grantor, directly or
indirectly, shall refuse to grant a dealership to any person because
of any characteristic listed or defined in subdivision (b) or (e) of
Section 51.
  SEC. 12.  Section 84 of the Civil Code is amended to read:
   84.  On or after January 1, 1981, no grantor, directly or
indirectly, may terminate, cancel, or refuse to renew a dealership
agreement with a dealer because of any characteristic listed or
defined in subdivision (b) or (e) of Section 51.
  SEC. 13.  Section 85 of the Civil Code is amended to read:
   85.  On or after January 1, 1981, no grantor or dealer, directly
or indirectly, shall refuse to make or to consent to an assignment,
sale, transfer, or bequest of a dealership to any person, or to the
intestate succession to the dealership by any person, because of any
characteristic listed or defined in subdivision (b) or (e) of Section
51. This section shall not be construed to create any right in a
dealer to assign, sell, transfer, or bequeath a dealership where the
right did not exist prior to January 1, 1981.
  SEC. 14.  Section 1747.80 of the Civil Code is amended to read:
   1747.80.  (a) No card issuer shall refuse to issue a credit card
to any person solely because of any characteristic listed or defined
in subdivision (b) or (e) of Section 51.
   (b) Any card issuer who willfully violates this section is liable
for each and every offense for the actual damages, and two hundred
fifty dollars ($250) in addition thereto, suffered by any person
denied a credit card solely for the reasons set forth in subdivision
(a). In addition, that person may petition the court to order the
card issuer to issue him or her a credit card upon the terms,
conditions, and standards as the card issuer normally utilizes in
granting credit to other individuals.
  SEC. 15.  Section 204 of the Code of Civil Procedure is amended to
read:
   204.  (a) No eligible person shall be exempt from service as a
trial juror by reason of occupation, economic status, or any
characteristic listed or defined in Section 11135 of the Government
Code, or for any other reason. No person shall be excused from
service as a trial juror except as specified in subdivision (b).
   (b) An eligible person may be excused from jury service only for
undue hardship, upon themselves or upon the public, as defined by the
Judicial Council.
  SEC. 16.  Section 425.15 of the Code of Civil Procedure is amended
to read:
   425.15.  (a) No cause of action against a person serving without
compensation as a director or officer of a nonprofit corporation
described in this section, on account of any negligent act or
omission by that person within the scope of that person's duties as a
director acting in the capacity of a board member, or as an officer
acting in the capacity of, and within the scope of the duties of, an
officer, shall be included in a complaint or other pleading unless
the court enters an order allowing the pleading that includes that
claim to be filed after the court determines that the party seeking
to file the pleading has established evidence that substantiates the
claim. The court may allow the filing of a pleading that includes
that claim following the filing of a verified petition therefor
accompanied by the proposed pleading and supporting affidavits
stating the facts upon which the liability is based. The court shall
order service of the petition upon the party against whom the action
is proposed to be filed and permit that party to submit opposing
affidavits prior to making its determination. The filing of the
petition, proposed pleading, and accompanying affidavits shall toll
the running of any applicable statute of limitations until the final
determination of the matter, which ruling, if favorable to the
petitioning party, shall permit the proposed pleading to be filed.
   (b) Nothing in this section shall affect the right of the
plaintiff to discover evidence on the issue of damages.
   (c) Nothing in this section shall be construed to affect any
action against a nonprofit corporation for any negligent action or
omission of a volunteer director or officer occurring within the
scope of the person's duties.
   (d) For the purposes of this section, "compensation" means
remuneration whether by way of salary, fee, or other consideration
for services rendered. However, the payment of per diem, mileage, or
other reimbursement expenses to a director or officer shall not
constitute compensation.
   (e) (1) This section applies only to officers and directors of
nonprofit corporations that are subject to Part 2 (commencing with
Section 5110), Part 3 (commencing with Section 7110), or Part 4
(commencing with Section 9110) of Division 2 of Title 1 of the
Corporations Code that are organized to provide charitable,
educational, scientific, social, or other forms of public service and
that are exempt from federal income taxation under Section 501(c)
(1), except any credit union, or Section 501(c)(4), 501(c)(5), 501(c)
(7), or 501(c)(19) of the Internal Revenue Code.
   (2) This section does not apply to any corporation that unlawfully
restricts membership, services, or benefits conferred on the basis
of political affiliation, age, or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.
  SEC. 17.  Section 5047.5 of the Corporations Code is amended to
read:
   5047.5.  (a) The Legislature finds and declares that the services
of directors and officers of nonprofit corporations who serve without
compensation are critical to the efficient conduct and management of
the public service and charitable affairs of the people of
California. The willingness of volunteers to offer their services has
been deterred by a perception that their personal assets are at risk
for these activities. The unavailability and unaffordability of
appropriate liability insurance makes it difficult for these
corporations to protect the personal assets of their volunteer
decisionmakers with adequate insurance. It is the public policy of
this state to provide incentive and protection to the individuals who
perform these important functions.
   (b) Except as provided in this section, no cause of action for
monetary damages shall arise against any person serving without
compensation as a director or officer of a nonprofit corporation
subject to Part 2 (commencing with Section 5110), Part 3 (commencing
with Section 7110), or Part 4 (commencing with Section 9110) of this
division on account of any negligent act or omission occurring (1)
within the scope of that person's duties as a director acting as a
board member, or within the scope of that person's duties as an
officer acting in an official capacity; (2) in good faith; (3) in a
manner that the person believes to be in the best interest of the
corporation; and (4) is in the exercise of his or her policymaking
judgment.
   (c) This section shall not limit the liability of a director or
officer for any of the following:
   (1) Self-dealing transactions, as described in Sections 5233 and
9243.
   (2) Conflicts of interest, as described in Section 7233.
   (3) Actions described in Sections 5237, 7236, and 9245.
   (4) In the case of a charitable trust, an action or proceeding
against a trustee brought by a beneficiary of that trust.
   (5) Any action or proceeding brought by the Attorney General.
   (6) Intentional, wanton, or reckless acts, gross negligence, or an
action based on fraud, oppression, or malice.
   (7) Any action brought under Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code.
   (d) This section only applies to nonprofit corporations organized
to provide religious, charitable, literary, educational, scientific,
social, or other forms of public service that are exempt from federal
income taxation under Section 501(c)(3) or 501(c)(6) of the Internal
Revenue Code.
   (e) This section applies only if the nonprofit corporation
maintains a general liability insurance policy with an amount of
coverage of at least the following amounts:
   (1) If the corporation's annual budget is less than fifty thousand
dollars ($50,000), the minimum required amount is five hundred
thousand dollars ($500,000).
   (2) If the corporation's annual budget equals or exceeds fifty
thousand dollars ($50,000), the minimum required amount is one
million dollars ($1,000,000).
   This section applies only if the claim against the director or
officer may also be made directly against the corporation and a
general liability insurance policy is in force both at the time of
injury and at the time the claim against the corporation is made, so
that a policy is applicable to the claim. If a general liability
policy is found to cover the damages caused by the director or
officer, no cause of action as provided in this section shall be
maintained against the director or officer.
   (f) For the purposes of this section, the payment of actual
expenses incurred in attending meetings or otherwise in the execution
of the duties of a director or officer shall not constitute
compensation.
   (g) Nothing in this section shall be construed to limit the
liability of a nonprofit corporation for any negligent act or
omission of a director, officer, employee, agent, or servant
occurring within the scope of his or her duties.
   (h) This section does not apply to any corporation that unlawfully
restricts membership, services, or benefits conferred on the basis
of political affiliation, age, or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.
   (i) This section does not apply to any volunteer director or
officer who receives compensation from the corporation in any other
capacity, including, but not limited to, as an employee.
  SEC. 18.  Section 24001.5 of the Corporations Code is amended to
read:
   24001.5.  (a) The Legislature finds and declares that the services
of directors or officers of nonprofit medical associations, as
defined in Section 21200, who serve without compensation are critical
to the efficient conduct and management of the public service and
charitable affairs of the people of California. The willingness of
volunteers to offer their services has been deterred by a perception
that their personal assets are at risk for these activities. The
unavailability and unaffordability of appropriate liability insurance
makes it difficult for these associations to protect the personal
assets of their volunteer decisionmakers with adequate insurance. It
is the public policy of this state to provide incentive and
protection to the individuals who perform these important functions.
   (b) Except as provided in this section, no cause of action for
monetary damages shall arise against any person serving without
compensation as a director or officer of a nonprofit medical
association, as defined in Section 21200, on account of any negligent
act or omission occurring (1) within the scope of that person's
duties as a director acting as a board member, or within the scope of
that person's duties as an officer acting in an official capacity;
(2) in good faith; (3) in a manner that the person believes to be in
the best interest of the association; and (4) is in the exercise of
his or her policymaking judgment.
   (c) This section shall not limit the liability of a director or
officer for any of the following:
   (1) Self-dealing transactions, as described in Sections 5233 and
9243.
   (2) Conflicts of interest, as described in Section 7233.
   (3) Actions described in Sections 5237, 7236, and 9245.
   (4) In the case of a charitable trust, an action or proceeding
against a trustee brought by a beneficiary of that trust.
   (5) Any action or proceeding brought by the Attorney General.
   (6) Intentional, wanton, or reckless acts, gross negligence, or an
action based on fraud, oppression, or malice.
   (7) Any action brought under Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code.
   (d) This section only applies to nonprofit organizations organized
to provide charitable, educational, scientific, social, or other
forms of public service that are exempt from federal income taxation
under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code.
   (e) This section applies only if the nonprofit association
maintains a general liability insurance policy with an amount of
coverage of at least the following amounts:
   (1) If the association's annual budget is less than fifty thousand
dollars ($50,000), the minimum required amount is five hundred
thousand dollars ($500,000).
   (2) If the association's annual budget equals or exceeds fifty
thousand dollars ($50,000), the minimum required amount is one
million dollars ($1,000,000).
   This section applies only if the general liability insurance
policy is in force both at the time of injury and at the time that
the claim is made, so that the policy is applicable to the claim.
   (f) For the purposes of this section, the payment of actual
expenses incurred in attending meetings or otherwise in the execution
of the duties of a director or officer shall not constitute
compensation.
   (g) Nothing in this section shall be construed to limit the
liability of a nonprofit association for any negligent act or
omission of a director, officer, employee, agent, or servant
occurring within the scope of his or her duties.
   (h) This section does not apply to any association that unlawfully
restricts membership, services, or benefits conferred on the basis
of political affiliation, age, or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.
                    (i) This section does not apply to any volunteer
director or officer who receives compensation from the association in
any other capacity, including, but not limited to, as an employee.
  SEC. 19.  Section 66030 of the Education Code is amended to read:
   66030.  (a) It is the intent of the Legislature that public higher
education in California strive to provide educationally equitable
environments that give each Californian, regardless of age, economic
circumstance, or any other characteristic listed or defined in
Section 11135 of the Government Code, a reasonable opportunity to
develop fully his or her potential.
   (b) It is the responsibility of the governing boards of
institutions of higher education to ensure and maintain multicultural
learning environments free from all forms of discrimination and
harassment, in accordance with state and federal law.
  SEC. 20.  Section 66251 of the Education Code is amended to read:
   66251.  It is the policy of the State of California to afford all
persons, regardless of any characteristic listed or defined in
Section 11135 of the Government Code or any basis that is contained
in the prohibition of hate crimes set forth in subdivision (a) of
Section 422.6 of the Penal Code, equal rights and opportunities in
the postsecondary institutions of the state. The purpose of this
chapter is to prohibit acts that are contrary to that policy and to
provide remedies therefor.
  SEC. 21.  Section 66270 of the Education Code is amended to read:
   66270.  No person shall be subjected to discrimination on the
basis of any characteristic listed or defined in Section 11135 of the
Government Code or any basis that is contained in the prohibition of
hate crimes set forth in subdivision (a) of Section 422.6 of the
Penal Code in any program or activity conducted by any postsecondary
educational institution that receives, or benefits from, state
financial assistance or enrolls students who receive state student
financial aid.
  SEC. 21.5.  Section 66270 of the Education Code is amended to read:

   66270.  No person shall be subjected to discrimination on the
basis of disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any characteristic listed or defined
in Section 11135 of the Government Code or any characteristic that
is contained in the prohibition of hate crimes set forth in
subdivision (a) of Section 422.6 of the Penal Code in any program or
activity conducted by any postsecondary educational institution that
receives, or benefits from, state financial assistance or enrolls
students who receive state student financial aid.
  SEC. 22.  Section 66292 of the Education Code is amended to read:
   66292.  (a) The governing board of a community college district
shall have the primary responsibility for ensuring that community
college district programs and activities are free from discrimination
based on any characteristic listed or defined in Section 11135 of
the Government Code.
   (b) The Chancellor's office of the California Community Colleges
shall have responsibility for monitoring the compliance of each
district with any and all regulations adopted pursuant to Section
11138 of the Government Code.
  SEC. 23.  Section 66292.1 of the Education Code is amended to read:

   66292.1.  The Chancellor of the California State University and
the president of each California State University campus shall have
the primary responsibility for ensuring that campus programs and
activities are free from discrimination based on any characteristic
listed or defined in Section 11135 of the Government Code.
  SEC. 24.  Section 66292.2 of the Education Code is amended to read:

   66292.2.  The President of the University of California and the
chancellor of each University of California campus shall have primary
responsibility for ensuring that campus programs and activities are
free from discrimination based on any characteristic listed or
defined in Section 11135 of the Government Code.
  SEC. 25.  Section 69535 of the Education Code is amended to read:
   69535.  (a) Cal Grant Program awards shall be based upon the
financial need of the applicant. The level of financial need of each
applicant shall be determined by the commission pursuant to Article
1.5 (commencing with Section 69503).
   (b) For the applicants so qualifying, academic criteria or
criteria related to past performances shall be utilized as the
criteria in determining eligibility for grants.
   (c) All Cal Grant Program award recipients shall be residents of
California, as determined by the commission pursuant to Part 41
(commencing with Section 68000), and shall remain eligible only if
they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission.
   (d) Part-time students shall not be discriminated against in the
selection of Cal Grant Program award recipients, and awards to
part-time students shall be roughly proportional to the time spent in
the instructional program, as determined by the commission.
First-time Cal Grant Program award recipients who are part-time
students shall be eligible for a full-time renewal award.
   (e) Cal Grant Program awards shall be awarded without regard to
any characteristic listed or defined in Section 11135 of the
Government Code.
   (f) No applicant shall receive more than one type of Cal Grant
Program award concurrently. Except as provided in subdivisions (b)
and (c) of Section 69535.1, no applicant shall:
   (1) Receive one or a combination of Cal Grant Program awards in
excess of a total of four years of full-time attendance in an
undergraduate program.
   (2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69540.
   (g) Cal Grant Program awards, except as provided in subdivision
(c) of Section 69535.1, may only be used for educational expenses of
a program of study leading directly to an undergraduate degree or
certificate, or for expenses of undergraduate coursework in a program
of study leading directly to a first professional degree, but for
which no baccalaureate degree is awarded.
   (h) Commencing in 1999, the commission shall, for students who
accelerate college attendance, increase the amount of award
proportional to the period of additional attendance resulting from
attendance in classes that fulfill requirements or electives for
graduation during summer terms, sessions, or quarters. In the
aggregate, the total amount a student may receive in a four-year
period may not be increased as a result of accelerating his or her
progress to a degree by attending summer terms, sessions, or
quarters.
   (i) The commission shall notify Cal Grant award recipients of the
availability of funding for the summer term, session, or quarter
through prominent notice in financial aid award letters, materials,
guides, electronic information, and other means that may include, but
not be limited to, surveys, newspaper articles, or attachments to
communications from the commission and any other published documents.

   (j) The commission may provide by appropriate rules and
regulations for reports, accounting, and statements from the award
winner and college or university of attendance pertaining to the use
or application of the award as the commission may deem proper.
   (k) The commission may establish Cal Grant Program awards in one
hundred dollar ($100) increments.
   (l) A Cal Grant Program award may be utilized only at the
following institutions or programs:
   (1) Any California private or independent postsecondary
educational institution or program that participates in two of the
three federal campus-based student aid programs and whose students
participate in the Pell Grant program.
   (2) Any nonprofit regionally accredited institution headquartered
and operating in California that certifies to the commission that 10
percent of the institution's operating budget, as demonstrated in an
audited financial statement, is expended for the purposes of
institutionally funded student financial aid in the form of grants
and that demonstrates to the commission that it has the
administrative capacity to administer the funds.
   (3) Any California public postsecondary educational institution or
program.
  SEC. 26.  Section 72011 of the Education Code is amended to read:
   72011.  Every community college district shall provide access to
its services, classes, and programs without regard to ancestry or any
characteristic listed or defined in Section 11135 of the Government
Code.
  SEC. 27.  Section 72014 of the Education Code is amended to read:
   72014.  No funds under the control of a community college district
shall ever be used for membership or for any participation involving
a financial payment or contribution, on behalf of the district or
any individual employed by or associated therewith, in any private
organization whose membership practices are discriminatory on the
basis of any characteristic listed or defined in Section 11135 of the
Government Code. This section does not apply to any public funds
which have been paid to an individual officer or employee of the
district as salary, or to any funds which are used directly or
indirectly for the benefit of student organizations.
  SEC. 28.  Section 89757 of the Education Code is amended to read:
   89757.  None of the funds enumerated in Section 89756, nor any of
the funds of an auxiliary organization, shall ever be used by any
university or college for membership or for any participation
involving a financial payment or contribution, on behalf of the
institution, or any individual employed by or associated therewith,
in any private organization whose membership practices are
discriminatory on the basis of any characteristic listed or defined
in Section 11135 of the Government Code. This section does not apply
to any public funds which have been paid to an individual employee or
officer as salary, or to any funds which are used directly or
indirectly for the benefit of student organizations.
  SEC. 29.  Section 92150 of the Education Code is amended to read:
   92150.  No state funds under the control of an officer or employee
of the University of California shall ever be used for membership or
for any participation involving a financial payment or contribution,
on behalf of the university, or any individual employed by or
associated therewith, in any private organization whose membership
practices are discriminatory on the basis of any characteristic
listed or defined in Section 11135 of the Government Code. This
section does not apply to any public funds which have been paid to an
individual employee or officer of the university as salary, or to
any funds which are used directly or indirectly for the benefit of
student organizations.
  SEC. 30.  Section 2110 of the Elections Code is amended to read:
   2110.  No county elections official may refuse to deputize any
person to register voters because of ancestry, marital status,
political affiliation, or any characteristic listed or defined in
Section 11135 of the Government Code.
  SEC. 31.  Section 11015 of the Government Code is amended to read:
   11015.  No state funds under the control of an officer or employee
of the state, or of any agency thereof, shall ever be used for
membership or for any participation involving a financial payment or
contribution, on behalf of the state agency, or any individual
employed by or associated therewith, in any private organization
whose membership practices are discriminatory on the basis of any
characteristic listed or defined in Section 11135. This section does
not apply to any public funds which have been paid to an individual
employee or officer as salary.
  SEC. 32.  Section 11131 of the Government Code is amended to read:
   11131.  No state agency shall conduct any meeting, conference, or
other function in any facility that prohibits the admittance of any
person, or persons, on the basis of ancestry or any characteristic
listed or defined in Section 11135, or that is inaccessible to
disabled persons, or where members of the public may not be present
without making a payment or purchase. As used in this section, "state
agency" means and includes every state body, office, officer,
department, division, bureau, board, council, commission, or other
state agency.
  SEC. 33.  Section 54091 of the Government Code is amended to read:
   54091.  Any city, county, or other local agency that owns,
operates, or controls any public beach shall allow the use of that
public beach by all persons regardless of ancestry, residence, or any
characteristic listed or defined in Section 11135. Nonresidents of
the city, county, or other local agency shall be permitted to use
that public beach upon the same terms and conditions as are residents
of the city, county, or local agency.
  SEC. 34.  Section 54092 of the Government Code is amended to read:
   54092.  Any city, county, or other local agency that allows any
property owned, operated, or controlled by it to be used as a means
of access to any public beach shall allow free access over that
property to all persons regardless of ancestry, residence, or any
characteristic listed or defined in Section 11135.
  SEC. 35.  Section 54961 of the Government Code is amended to read:
   54961.  (a) No legislative body of a local agency shall conduct
any meeting in any facility that prohibits the admittance of any
person, or persons, on the basis of ancestry or any characteristic
listed or defined in Section 11135, or which is inaccessible to
disabled persons, or where members of the public may not be present
without making a payment or purchase. This section shall apply to
every local agency as defined in Section 54951.
   (b) No notice, agenda, announcement, or report required under this
chapter need identify any victim or alleged victim of tortious
sexual conduct or child abuse unless the identity of the person has
been publicly disclosed.
  SEC. 36.  Section 68088 of the Government Code is amended to read:
   68088.  The Judicial Council may provide by rule of court for
racial, ethnic, and gender bias, and sexual harassment training and
training for any other bias based on any characteristic listed or
defined in Section 11135 for judges, commissioners, and referees.
  SEC. 37.  Section 1317 of the Health and Safety Code is amended to
read:
   1317.  (a) Emergency services and care shall be provided to any
person requesting the services or care, or for whom services or care
is requested, for any condition in which the person is in danger of
loss of life, or serious injury or illness, at any health facility
licensed under this chapter that maintains and operates an emergency
department to provide emergency services to the public when the
health facility has appropriate facilities and qualified personnel
available to provide the services or care.
   (b) In no event shall the provision of emergency services and care
be based upon, or affected by, the person's ethnicity, citizenship,
age, preexisting medical condition, insurance status, economic
status, ability to pay for medical services, or any other
characteristic listed or defined in subdivision (b) or (e) of Section
51 of the Civil Code, except to the extent that a circumstance such
as age, sex, preexisting medical condition, or physical or mental
disability is medically significant to the provision of appropriate
medical care to the patient.
   (c) Neither the health facility, its employees, nor any physician
and surgeon, dentist, clinical psychologist, or podiatrist shall be
liable in any action arising out of a refusal to render emergency
services or care if the refusal is based on the determination,
exercising reasonable care, that the person is not suffering from an
emergency medical condition, or that the health facility does not
have the appropriate facilities or qualified personnel available to
render those services.
   (d) Emergency services and care shall be rendered without first
questioning the patient or any other person as to his or her ability
to pay therefor. However, the patient or his or her legally
responsible relative or guardian shall execute an agreement to pay
therefor or otherwise supply insurance or credit information promptly
after the services are rendered.
   (e) If a health facility subject to this chapter does not maintain
an emergency department, its employees shall nevertheless exercise
reasonable care to determine whether an emergency exists and shall
direct the persons seeking emergency care to a nearby facility that
can render the needed services, and shall assist the persons seeking
emergency care in obtaining the services, including transportation
services, in every way reasonable under the circumstances.
   (f) No act or omission of any rescue team established by any
health facility licensed under this chapter, or operated by the
federal or state government, a county, or by the Regents of the
University of California, done or omitted while attempting to
resuscitate any person who is in immediate danger of loss of life
shall impose any liability upon the health facility, the officers,
members of the staff, nurses, or employees of the health facility,
including, but not limited to, the members of the rescue team, or
upon the federal or state government or a county, if good faith is
exercised.
   (g) "Rescue team," as used in this section, means a special group
of physicians and surgeons, nurses, and employees of a health
facility who have been trained in cardiopulmonary resuscitation and
have been designated by the health facility to attempt, in cases of
emergency, to resuscitate persons who are in immediate danger of loss
of life.
   (h) This section shall not relieve a health facility of any duty
otherwise imposed by law upon the health facility for the designation
and training of members of a rescue team or for the provision or
maintenance of equipment to be used by a rescue team.
  SEC. 38.  Section 1317.3 of the Health and Safety Code is amended
to read:
   1317.3.  (a) As a condition of licensure, each hospital shall
adopt, in consultation with the medical staff, policies and transfer
protocols consistent with this article and regulations adopted
hereunder.
   (b) As a condition of licensure, each hospital shall adopt a
policy prohibiting discrimination in the provision of emergency
services and care based on ethnicity, citizenship, age, preexisting
medical condition, insurance status, economic status, ability to pay
for medical services, or any characteristic listed or defined in
subdivision (b) or (e) of Section 51 of the Civil Code, except to the
extent that a circumstance such as age, sex, preexisting medical
condition, or physical or mental disability is medically significant
to the provision of appropriate medical care to the patient. Transfer
by a hospital of a patient who requires evaluation for involuntary
psychiatric treatment, as determined by the receiving hospital or
other receiving health facility, based upon the decision of a
professional person duly authorized by law to make that decision,
shall not constitute discrimination for the purposes of this section,
if the transferring hospital has not been designated as an
evaluation facility by a county pursuant to Section 5150 of the
Welfare and Institutions Code, and if the transfer is in compliance
with Section 1317.2.
   (c) As a condition of licensure, each hospital shall require that
physicians and surgeons who serve on an "on-call" basis to the
hospital's emergency room cannot refuse to respond to a call on the
basis of the patient's ethnicity, citizenship, age, preexisting
medical condition, insurance status, economic status, ability to pay
for medical services, or any characteristic listed or defined in
subdivision (b) or (e) of Section 51 of the Civil Code, except to the
extent that a circumstance such as age, sex, preexisting medical
condition, or physical or mental disability is medically significant
to the provision of appropriate medical care to the patient. If a
contract between a physician and surgeon and hospital for the
provision of emergency room coverage presently prevents the hospital
from imposing those conditions, the conditions shall be included in
the contract as soon as is legally permissible. Nothing in this
section shall be construed as requiring that any physician serve on
an "on-call" basis.
   (d) As a condition of licensure, all hospitals shall inform all
persons presented to an emergency room or their representatives if
any are present and the person is unable to understand verbal or
written communication, both orally and in writing, of the reasons for
the transfer or refusal to provide emergency services and care and
of the person's right to emergency services and care prior to
transfer or discharge without regard to ability to pay. Nothing in
this subdivision requires notification of the reasons for the
transfer in advance of the transfer where a person is unaccompanied
and the hospital has made a reasonable effort to locate a
representative, and because of the person's physical or mental
condition, notification is not possible. All hospitals shall
prominently post a sign in their emergency rooms informing the public
of their rights. Both the posted sign and written communication
concerning the transfer or refusal to provide emergency services and
care shall give the address of the department as the government
agency to contact in the event the person wishes to complain about
the hospital's conduct.
   (e) If a hospital does not timely adopt the policies and protocols
required in this article, the hospital, in addition to denial or
revocation of any of its licenses, shall be subject to a fine not to
exceed one thousand dollars ($1,000) each day after expiration of 60
days' written notice from the state department that the hospital's
policies or protocols required by this article are inadequate unless
the delay is excused by the state department upon a showing of good
and sufficient cause by the hospital. The notice shall include a
detailed statement of the state department's reasons for its
determination and suggested changes to the hospital's protocols which
would be acceptable to the state department.
   (f) Each hospital's policies and protocols required in or under
this article shall be submitted for approval to the state department
by December 31, 1988.
  SEC. 39.  Section 11801 of the Health and Safety Code is amended to
read:
   11801.  The alcohol and drug program administrator, acting through
administrative channels designated pursuant to Section 11795, shall
do all of the following:
   (a) Coordinate and be responsible for the planning process,
including preparation of the county plan executing the negotiated net
amount contract, and Drug Medi-Cal contract, whichever is
applicable.
   (b) (1) Recommend to the board of supervisors the provision of
services, establishment of facilities, contracting for services or
facilities, and other matters necessary or desirable in accomplishing
the purposes of this part.
   (2) Exercise general supervision over the alcohol and other drug
program services provided under the county plan, negotiated net
amount contract, and Drug Medi-Cal contract, whichever is applicable.

   (c) Assure compliance with applicable laws relating to
discrimination against any person because of any characteristic
listed or defined in Section 11135 of the Government Code.
   (d) (1) Provide reports and information periodically to the
advisory board regarding the status of alcohol and other drug
programs in the county and keep the advisory board informed regarding
changes in relevant state, federal, and local laws or regulations or
improvements in program design and services that may affect the
county alcohol and other drug program.
   (2) Submit an annual report to the board of supervisors reporting
all activities of the alcohol and other drug program, including a
financial accounting of expenditures and a forecast of anticipated
needs for the upcoming year.
   (e) Be directly responsible for the administration of all alcohol
or other drug program funds allocated to the county under this part,
administration of county operated programs, and coordination and
monitoring of programs that have contracts with the county to provide
alcohol and other drug services.
   (f) Encourage the appropriate utilization of all other public and
private alcohol and other drug programs and services in the county in
coordination with the programs funded pursuant to this part.
   (g) Coordinate the activities of the county alcohol and other drug
program with appropriate health planning agencies pursuant to
Chapter 5 (commencing with Section 11820).
   (h) Assure the evaluation of alcohol and other drug programs,
including the collection of appropriate and necessary information,
pursuant to Chapter 6 (commencing with Section 11825).
   (i) Participate in the process to assure program quality in
compliance with appropriate standards pursuant to Chapter 7
(commencing with Section 11830).
   (j) Participate in the regulations process pursuant to Chapter 8
(commencing with Section 11835).
   (k) Participate and represent the county in meetings of the County
Alcohol and Drug Program Administrators Association of California
pursuant to Section 11811.5 for the purposes of representing the
counties in their relationship with the state with respect to
policies, standards, and administration for alcohol and other drug
abuse services.
   (l) Provide for the orientation of the members of the advisory
board, including, but not limited to, the provision of information
and materials on alcohol and other drug problems and programs,
planning, procedures, and site visits to local programs.
   (m) Perform any other acts that may be necessary, desirable, or
proper to carry out the purposes of this part.
  SEC. 40.  Section 10115.7 of the Public Contract Code is amended to
read:
   10115.7.  (a) Nothing in this article shall be construed to
authorize any awarding department to discriminate in the awarding of
any contract on the basis of ancestry or any characteristic listed or
defined in Section 11135 of the Government Code.
   (b) Nothing in this article shall be construed to authorize any
contractor to discriminate in the solicitation or acceptance of bids
for subcontracting, or for materials or equipment, on the basis of
ancestry or any characteristic listed or defined in Section 11135 of
the Government Code.
  SEC. 41.  Section 5080.18 of the Public Resources Code is amended
to read:
   5080.18.  All concession contracts entered into pursuant to this
article shall contain, but are not limited to, all of the following
provisions:

           (a) The maximum term shall be 10 years, except that a term
of more than 10 years may be provided if the director determines
that the longer term is necessary to allow the concessionaire to
amortize improvements made by the concessionaire, to facilitate the
full utilization of a structure that is scheduled by the department
for replacement or redevelopment, or to serve the best interests of
the state. The term shall not exceed 20 years without specific
authorization by statute.
   (b) Every concessionaire shall submit to the department all sales
and use tax returns.
   (c) Every concession shall be subject to audit by the department.
   (d) A performance bond shall be obtained and maintained by the
concessionaire. In lieu of a bond, the concessionaire may substitute
a deposit of funds acceptable to the department. Interest on the
deposit shall accrue to the concessionaire.
   (e) The concessionaire shall obtain and maintain in force at all
times a policy of liability insurance in an amount adequate for the
nature and extent of public usage of the concession and naming the
state as an additional insured.
   (f) Any discrimination by the concessionaire or his or her agents
or employees against any person because of the marital status or
ancestry of that person or any characteristic listed or defined in
Section 11135 of the Government Code is prohibited.
   (g) To be effective, any modification of the concession contract
shall be evidenced in writing.
   (h) Whenever a concession contract is terminated for substantial
breach, there shall be no obligation on the part of the state to
purchase any improvements made by the concessionaire.
  SEC. 42.  Section 5080.34 of the Public Resources Code is amended
to read:
   5080.34.  Every agreement entered into pursuant to this article
and every contract for a concession on lands that are subject to an
agreement entered into pursuant to this article shall expressly
prohibit discrimination against any person because of the marital
status or ancestry of that person or any characteristic listed or
defined in Section 11135 of the Government Code.
  SEC. 43.  Section 453 of the Public Utilities Code is amended to
read:
   453.  (a) No public utility shall, as to rates, charges, service,
facilities, or in any other respect, make or grant any preference or
advantage to any corporation or person or subject any corporation or
person to any prejudice or disadvantage.
   (b) No public utility shall prejudice, disadvantage, or require
different rates or deposit amounts from a person because of ancestry,
medical condition, marital status or change in marital status,
occupation, or any characteristic listed or defined in Section 11135
of the Government Code. A person who has exhausted all administrative
remedies with the commission may institute a suit for injunctive
relief and reasonable attorney's fees in cases of an alleged
violation of this subdivision. If successful in litigation, the
prevailing party shall be awarded attorney's fees.
   (c) No public utility shall establish or maintain any unreasonable
difference as to rates, charges, service, facilities, or in any
other respect, either as between localities or as between classes of
service.
   (d) No public utility shall include with any bill for services or
commodities furnished any customer or subscriber any advertising or
literature designed or intended (1) to promote the passage or defeat
of a measure appearing on the ballot at any election whether local,
statewide, or national, (2) to promote or defeat any candidate for
nomination or election to any public office, (3) to promote or defeat
the appointment of any person to any administrative or executive
position in federal, state, or local government, or (4) to promote or
defeat any change in federal, state, or local legislation or
regulations.
   (e) The commission may determine any question of fact arising
under this section.
  SEC. 44.  Section 12751.3 of the Public Utilities Code is amended
to read:
   12751.3.  (a) The purpose of this section is to provide affected
districts with an alternative acquisition process that will result in
reduced costs to ratepayers. Notwithstanding Section 12751, when the
expenditure for the purchase of supplies and materials exceeds fifty
thousand dollars ($50,000) and the district determines that
ratepayers reasonably can expect a net benefit in the cost of
district services, the district may provide for the purchase of the
supplies and materials by contract let in accordance with best value
at the lowest cost acquisition policies adopted by the board pursuant
to this section.
   (b) The best value at the lowest cost acquisition policies adopted
pursuant to subdivision (a) shall include the following:
   (1) Price and service level proposals that reduce the district's
overall operating costs.
   (2) Supplies and materials standards that support the district's
strategic supplies and materials acquisition and management program
direction.
   (3) A procedure for protest and resolution.
   (c) For purposes of this section, "best value at the lowest cost
acquisition" means a competitive procurement process whereby the
award of a contract for supplies and materials may take into
consideration any of the following factors:
   (1) The total cost to the district of its use or consumption of
supplies and materials.
   (2) The operational cost or benefit incurred by the district as a
result of the contract award.
   (3) The value to the district of vendor-added services.
   (4) The quality, effectiveness, and innovation of supplies,
materials, and services.
   (5) The reliability of delivery or installation schedules.
   (6) The terms and conditions of product warranties and vendor
guarantees.
   (7) The financial stability of the vendor.
   (8) The vendor's quality assurance program.
   (9) The vendor's experience with the provision of supplies,
materials, and services.
   (10) The consistency of the vendor's proposed supplies, materials,
and services with the district's overall supplies and materials
procurement program.
   (11) The economic benefits to the general community related to job
creation or retention.
   (d) If a district that did not purchase supplies and materials by
contract let pursuant to this section before January 1, 2006, elects
to purchase supplies and materials by contract, let in accordance
with best value acquisition policies adopted by the board pursuant to
this section, the district shall submit a report to the Legislative
Analyst on or before January 1, 2011. The district shall include in
the report a summary of the costs and benefits of best value
acquisition compared to traditional low bid procurement practices.
The report shall also include statistics showing the number of
contracts awarded to small businesses, minority-owned businesses, and
new businesses and the number of years each contract awardee had
been in business. The report shall also include an analysis of the
effects of best value procurement practices on these businesses, the
nature of any disputes arising from the use of best value procurement
practices, and the status of those disputes. On or before April 1,
2011, the Legislative Analyst shall report to the Legislature on the
use of "best value at lowest cost acquisition" procurement practices
used by municipal utility districts, and recommend whether to modify
this section and extend the authority of additional districts to
elect to purchase supplies and materials by contract let in
accordance with best value acquisition policies, beyond January 1,
2012.
   (e) The district shall ensure that all businesses have a fair and
equitable opportunity to compete for, and participate in, district
contracts and shall also ensure that discrimination in the award and
performance of contracts does not occur on the basis of marital
status, ancestry, medical condition, any characteristic listed or
defined in Section 11135 of the Government Code, or retaliation for
having filed a discrimination complaint in the performance of
district contractual obligations.
   (f) A district that did not purchase supplies and materials by
contract let pursuant to this section before January 1, 2006, shall
not purchase supplies and materials by contract let pursuant to this
section after January 1, 2012.
  SEC. 45.  Section 17269 of the Revenue and Taxation Code, as added
by Section 4 of Chapter 1139 of the Statutes of 1987, is repealed.
  SEC. 46.  Section 17269 of the Revenue and Taxation Code, as added
by Section 2 of Chapter 1463 of the Statutes of 1987, is amended to
read:
   17269.  Whereas, the people of the State of California desire to
promote and achieve tax equity and fairness among all the state's
citizens and further desire to conform to the public policy of
nondiscrimination, the Legislature hereby enacts the following for
these reasons and for no other purpose:
   (a) The provisions of Section 162 (a) of the Internal Revenue Code
shall not be applicable to expenses incurred by a taxpayer with
respect to expenditures made at, or payments made to, a club which
restricts membership or the use of its services or facilities on the
basis of ancestry or any characteristic listed or defined in Section
11135 of the Government Code.
   (b) A club described in subdivision (a) holding an alcoholic
beverage license pursuant to Division 9 (commencing with Section
23000) of the Business and Professions Code, except a club holding an
alcoholic beverage license pursuant to Section 23425 thereof, shall
provide on each receipt furnished to a taxpayer a printed statement
as follows:
   "The expenditures covered by this receipt are nondeductible for
state income tax purposes or franchise tax purposes."
   (c) For purposes of this section:
   (1) "Expenses" means those expenses otherwise deductible under
Section 162(a) of the Internal Revenue Code, except for subdivision
(a), and includes, but is not limited to, club membership dues and
assessments, food and beverage expenses, expenses for services
furnished by the club, and reimbursements or salary adjustments to
officers or employees for any of the preceding expenses.
   (2) "Club" means a club as defined in Division 9 (commencing with
Section 23000) of the Business and Professions Code, except a club as
defined in Section 23425 thereof.
  SEC. 47.  Section 24343.2 of the Revenue and Taxation Code is
amended to read:
   24343.2.  Whereas, the people of the State of California desire to
promote and achieve tax equity and fairness among all the state's
citizens and further desire to conform to the public policy of
nondiscrimination, the Legislature hereby enacts the following for
these reasons and for no other purpose:
   (a) No deduction shall be allowed under Section 24343 for expenses
incurred by a taxpayer with respect to expenditures made at, or
payments made to, a club which restricts membership or the use of its
services or facilities on the basis of ancestry or any
characteristic listed or defined in Section 11135 of the Government
Code.
   (b) A club described in subdivision (a) holding an alcoholic
beverage license pursuant to Division 9 (commencing with Section
23000) of the Business and Professions Code, except a club holding an
alcoholic beverage license pursuant to Section 23425 thereof, shall
provide on each receipt furnished to a taxpayer a printed statement
as follows:
   "The expenditures covered by this receipt are nondeductible for
state income tax purposes or franchise tax purposes."
   (c) For purposes of this section:
   (1) "Expenses" means those expenses otherwise deductible under
Section 24343, except for subdivision (a), and includes, but is not
limited to, club membership dues and assessments, food and beverage
expenses, expenses for services furnished by the club, and
reimbursements or salary adjustments to officers or employees for any
of the preceding expenses.
   (2) "Club" means a club as defined in Division 9 (commencing with
Section 23000) of the Business and Professions Code, except a club as
defined in Section 23425 thereof.
  SEC. 48.  Section 4666 of the Welfare and Institutions Code is
amended to read:
   4666.  No regional center shall conduct any meeting, conference,
or other function in any facility that prohibits the admittance of
any person, or persons, on the basis of ancestry or any
characteristic listed or defined in Section 11135 of the Government
Code.
  SEC. 49.  Section 5348 of the Welfare and Institutions Code is
amended to read:
   5348.  (a) For purposes of subdivision (e) of Section 5346, any
county that chooses to provide assisted outpatient treatment services
pursuant to this article shall offer assisted outpatient treatment
services including, but not limited to, all of the following:
   (1) Community-based, mobile, multidisciplinary, highly trained
mental health teams that use high staff-to-client ratios of no more
than 10 clients per team member for those subject to court-ordered
services pursuant to Section 5346.
   (2) A service planning and delivery process that includes the
following:
   (A) Determination of the numbers of persons to be served and the
programs and services that will be provided to meet their needs. The
local director of mental health shall consult with the sheriff, the
police chief, the probation officer, the mental health board,
contract agencies, and family, client, ethnic, and citizen
constituency groups as determined by the director.
   (B) Plans for services, including outreach to families whose
severely mentally ill adult is living with them, design of mental
health services, coordination and access to medications, psychiatric
and psychological services, substance abuse services, supportive
housing or other housing assistance, vocational rehabilitation, and
veterans' services. Plans shall also contain evaluation strategies,
that shall consider cultural, linguistic, gender, age, and special
needs of minorities and those based on any characteristic listed or
defined in Section 11135 of the Government Code in the target
populations. Provision shall be made for staff with the cultural
background and linguistic skills necessary to remove barriers to
mental health services as a result of having limited-English-speaking
ability and cultural differences. Recipients of outreach services
may include families, the public, primary care physicians, and others
who are likely to come into contact with individuals who may be
suffering from an untreated severe mental illness who would be likely
to become homeless if the illness continued to be untreated for a
substantial period of time. Outreach to adults may include adults
voluntarily or involuntarily hospitalized as a result of a severe
mental illness.
   (C) Provisions for services to meet the needs of persons who are
physically disabled.
   (D) Provision for services to meet the special needs of older
adults.
   (E) Provision for family support and consultation services,
parenting support and consultation services, and peer support or
self-help group support, where appropriate.
   (F) Provision for services to be client-directed and that employ
psychosocial rehabilitation and recovery principles.
   (G) Provision for psychiatric and psychological services that are
integrated with other services and for psychiatric and psychological
collaboration in overall service planning.
   (H) Provision for services specifically directed to seriously
mentally ill young adults 25 years of age or younger who are homeless
or at significant risk of becoming homeless. These provisions may
include continuation of services that would still be received through
other funds had eligibility not been terminated as a result of age.
   (I) Services reflecting special needs of women from diverse
cultural backgrounds, including supportive housing that accepts
children, personal services coordinator therapeutic treatment, and
substance treatment programs that address gender specific trauma and
abuse in the lives of persons with mental illness, and vocational
rehabilitation programs that offer job training programs free of
gender bias and sensitive to the needs of women.
   (J) Provision for housing for clients that is immediate,
transitional, permanent, or all of these.
   (K) Provision for clients who have been suffering from an
untreated severe mental illness for less than one year, and who do
not require the full range of services, but are at risk of becoming
homeless unless a comprehensive individual and family support
services plan is implemented. These clients shall be served in a
manner that is designed to meet their needs.
   (3) Each client shall have a clearly designated mental health
personal services coordinator who may be part of a multidisciplinary
treatment team who is responsible for providing or assuring needed
services. Responsibilities include complete assessment of the client'
s needs, development of the client's personal services plan, linkage
with all appropriate community services, monitoring of the quality
and follow through of services, and necessary advocacy to ensure each
client receives those services which are agreed to in the personal
services plan. Each client shall participate in the development of
his or her personal services plan, and responsible staff shall
consult with the designated conservator, if one has been appointed,
and, with the consent of the client, shall consult with the family
and other significant persons as appropriate.
   (4) The individual personal services plan shall ensure that
persons subject to assisted outpatient treatment programs receive
age, gender, and culturally appropriate services, to the extent
feasible, that are designed to enable recipients to:
   (A) Live in the most independent, least restrictive housing
feasible in the local community, and, for clients with children, to
live in a supportive housing environment that strives for
reunification with their children or assists clients in maintaining
custody of their children as is appropriate.
   (B) Engage in the highest level of work or productive activity
appropriate to their abilities and experience.
   (C) Create and maintain a support system consisting of friends,
family, and participation in community activities.
   (D) Access an appropriate level of academic education or
vocational training.
   (E) Obtain an adequate income.
   (F) Self-manage their illnesses and exert as much control as
possible over both the day-to-day and long-term decisions that affect
their lives.
   (G) Access necessary physical health care and maintain the best
possible physical health.
   (H) Reduce or eliminate serious antisocial or criminal behavior,
and thereby reduce or eliminate their contact with the criminal
justice system.
   (I) Reduce or eliminate the distress caused by the symptoms of
mental illness.
   (J) Have freedom from dangerous addictive substances.
   (5) The individual personal services plan shall describe the
service array that meets the requirements of paragraph (4), and to
the extent applicable to the individual, the requirements of
paragraph (2).
   (b) Any county that provides assisted outpatient treatment
services pursuant to this article also shall offer the same services
on a voluntary basis.
   (c) Involuntary medication shall not be allowed absent a separate
order by the court pursuant to Sections 5332 to 5336, inclusive.
   (d) Each county that operates an assisted outpatient treatment
program pursuant to this article shall provide data to the State
Department of Mental Health and, based on the data, the department
shall report to the Legislature on or before May 1 of each year in
which the county provides services pursuant to this article. The
report shall include, at a minimum, an evaluation of the
effectiveness of the strategies employed by each program operated
pursuant to this article in reducing homelessness and hospitalization
of persons in the program and in reducing involvement with local law
enforcement by persons in the program. The evaluation and report
shall also include any other measures identified by the department
regarding persons in the program and all of the following, based on
information that is available:
   (1) The number of persons served by the program and, of those, the
number who are able to maintain housing and the number who maintain
contact with the treatment system.
   (2) The number of persons in the program with contacts with local
law enforcement, and the extent to which local and state
incarceration of persons in the program has been reduced or avoided.
   (3) The number of persons in the program participating in
employment services programs, including competitive employment.
   (4) The days of hospitalization of persons in the program that
have been reduced or avoided.
   (5) Adherence to prescribed treatment by persons in the program.
   (6) Other indicators of successful engagement, if any, by persons
in the program.
   (7) Victimization of persons in the program.
   (8) Violent behavior of persons in the program.
   (9) Substance abuse by persons in the program.
   (10) Type, intensity, and frequency of treatment of persons in the
program.
   (11) Extent to which enforcement mechanisms are used by the
program, when applicable.
   (12) Social functioning of persons in the program.
   (13) Skills in independent living of persons in the program.
   (14) Satisfaction with program services both by those receiving
them and by their families, when relevant.
  SEC. 50.  Section 5806 of the Welfare and Institutions Code is
amended to read:
   5806.  The State Department of Mental Health shall establish
service standards that ensure that members of the target population
are identified, and services provided to assist them to live
independently, work, and reach their potential as productive
citizens. The department shall provide annual oversight of grants
issued pursuant to this part for compliance with these standards.
These standards shall include, but are not limited to, all of the
following:
   (a) A service planning and delivery process that is target
population based and includes the following:
   (1) Determination of the numbers of clients to be served and the
programs and services that will be provided to meet their needs. The
local director of mental health shall consult with the sheriff, the
police chief, the probation officer, the mental health board,
contract agencies, and family, client, ethnic, and citizen
constituency groups as determined by the director.
   (2) Plans for services, including outreach to families whose
severely mentally ill adult is living with them, design of mental
health services, coordination and access to medications, psychiatric
and psychological services, substance abuse services, supportive
housing or other housing assistance, vocational rehabilitation, and
veterans' services. Plans shall also contain evaluation strategies,
that shall consider cultural, linguistic, gender, age, and special
needs of minorities in the target populations. Provision shall be
made for staff with the cultural background and linguistic skills
necessary to remove barriers to mental health services due to
limited-English-speaking ability and cultural differences. Recipients
of outreach services may include families, the public, primary care
physicians, and others who are likely to come into contact with
individuals who may be suffering from an untreated severe mental
illness who would be likely to become homeless if the illness
continued to be untreated for a substantial period of time. Outreach
to adults may include adults voluntarily or involuntarily
hospitalized as a result of a severe mental illness.
   (3) Provisions for services to meet the needs of target population
clients who are physically disabled.
   (4) Provision for services to meet the special needs of older
adults.
   (5) Provision for family support and consultation services,
parenting support and consultation services, and peer support or
self-help group support, where appropriate for the individual.
   (6) Provision for services to be client-directed and that employ
psychosocial rehabilitation and recovery principles.
   (7) Provision for psychiatric and psychological services that are
integrated with other services and for psychiatric and psychological
collaboration in overall service planning.
   (8) Provision for services specifically directed to seriously
mentally ill young adults 25 years of age or younger who are homeless
or at significant risk of becoming homeless. These provisions may
include continuation of services that would still be received through
other funds had eligibility not been terminated due to age.
   (9) Services reflecting special needs of women from diverse
cultural backgrounds, including supportive housing that accepts
children, personal services coordinator therapeutic treatment, and
substance treatment programs that address gender specific trauma and
abuse in the lives of persons with mental illness, and vocational
rehabilitation programs that offer job training programs free of
gender bias and sensitive to the needs of women.
   (10) Provision for housing for clients that is immediate,
transitional, permanent, or all of these.
   (11) Provision for clients who have been suffering from an
untreated severe mental illness for less than one year, and who do
not require the full range of services but are at risk of becoming
homeless unless a comprehensive individual and family support
services plan is implemented. These clients shall be served in a
manner that is designed to meet their needs.
   (b) Each client shall have a clearly designated mental health
personal services coordinator who may be part of a multidisciplinary
treatment team who is responsible for providing or assuring needed
services. Responsibilities include complete assessment of the client'
s needs, development of the client's personal services plan, linkage
with all appropriate community services, monitoring of the quality
and follow through of services, and necessary advocacy to ensure each
client receives those services which are agreed to in the personal
services plan. Each client shall participate in the development of
his or her personal services plan, and responsible staff shall
consult with the designated conservator, if one has been appointed,
and, with the consent of the client, consult with the family and
other significant persons as appropriate.
   (c) The individual personal services plan shall ensure that
members of the target population involved in the system of care
receive age, gender, and culturally appropriate services or
appropriate services based on any characteristic listed or defined in
Section 11135 of the Government Code, to the extent feasible, that
are designed to enable recipients to:
                                            (1) Live in the most
independent, least restrictive housing feasible in the local
community, and for clients with children, to live in a supportive
housing environment that strives for reunification with their
children or assists clients in maintaining custody of their children
as is appropriate.
   (2) Engage in the highest level of work or productive activity
appropriate to their abilities and experience.
   (3) Create and maintain a support system consisting of friends,
family, and participation in community activities.
   (4) Access an appropriate level of academic education or
vocational training.
   (5) Obtain an adequate income.
   (6) Self-manage their illness and exert as much control as
possible over both the day-to-day and long-term decisions which
affect their lives.
   (7) Access necessary physical health care and maintain the best
possible physical health.
   (8) Reduce or eliminate serious antisocial or criminal behavior
and thereby reduce or eliminate their contact with the criminal
justice system.
   (9) Reduce or eliminate the distress caused by the symptoms of
mental illness.
   (10) Have freedom from dangerous addictive substances.
   (d) The individual personal services plan shall describe the
service array that meets the requirements of subdivision (c), and to
the extent applicable to the individual, the requirements of
subdivision (a).
  SEC. 50.5.  Section 5806 of the Welfare and Institutions Code is
amended to read:
   5806.  The State Department of Mental Health shall establish
service standards that ensure that members of the target population
are identified, and services provided to assist them to live
independently, work, and reach their potential as productive
citizens. The department shall provide annual oversight of grants
issued pursuant to this part for compliance with these standards.
These standards shall include, but are not limited to, all of the
following:
   (a) A service planning and delivery process that is target
population based and includes the following:
   (1) Determination of the numbers of clients to be served and the
programs and services that will be provided to meet their needs. The
local director of mental health shall consult with the sheriff, the
police chief, the probation officer, the mental health board,
contract agencies, and family, client, ethnic and citizen
constituency groups as determined by the director.
   (2) Plans for services, including outreach to individuals who will
be eligible for services under this section after successfully
completing parole, mental health courts, and families whose severely
mentally ill adult is living with them, design of mental health
services, coordination and access to medications, psychiatric and
psychological services, substance abuse services, supportive housing
or other housing assistance, vocational rehabilitation, and veterans'
services. Plans shall also contain evaluation strategies, that shall
consider cultural, linguistic, gender, age, and special needs of
minorities in the target populations. Provision shall be made for
staff with the cultural background and linguistic skills necessary to
remove barriers to mental health services due to
limited-English-speaking ability and cultural differences. Recipients
of outreach services may include families, the public, primary care
physicians, police, sheriffs, judges, and others who are likely to
come into contact with individuals who may be suffering from an
untreated severe mental illness who would be likely to become
homeless if the illness continued to be untreated for a substantial
period of time. Outreach to adults may include adults voluntarily or
involuntarily hospitalized as a result of a severe mental illness.
   (3) Provisions for services to meet the needs of target population
clients who are physically disabled.
   (4) Provision for services to meet the special needs of older
adults.
   (5) Provision for family support and consultation services,
parenting support and consultation services, and peer support or
self-help group support, where appropriate for the individual.
   (6) Provision for services to be client-directed and that employ
psychosocial rehabilitation and recovery principles.
   (7) Provision for psychiatric and psychological services that are
integrated with other services and for psychiatric and psychological
collaboration in overall service planning.
   (8) Provision for services specifically directed to seriously
mentally ill young adults 25 years of age or younger who are homeless
or at significant risk of becoming homeless. These provisions may
include continuation of services that would still be received through
other funds had eligibility not been terminated due to age.
   (9) Services reflecting special needs of women from diverse
cultural backgrounds, including supportive housing that accepts
children, personal services coordinator therapeutic treatment, and
substance abuse treatment programs that address gender specific
trauma and abuse in the lives of persons with mental illness, and
vocational rehabilitation programs that offer job training programs
free of gender bias and sensitive to the needs of women.
   (10) Provision for housing for clients that is immediate,
transitional, permanent, or all of these.
   (11) Provision for clients who have been suffering from an
untreated severe mental illness for less than one year, and who do
not require the full range of services but are at risk of becoming
homeless unless a comprehensive individual and family support
services plan is implemented. These clients shall be served in a
manner that is designed to meet their needs.
   (b) Each client shall have a clearly designated mental health
personal services coordinator who may be part of a multidisciplinary
treatment team who is responsible for providing or assuring needed
services. Responsibilities include complete assessment of the client'
s needs, development of the client's personal services plan, linkage
with all appropriate community services, monitoring of the quality
and followthrough of services, and necessary advocacy to ensure each
client receives those services which are agreed to in the personal
services plan. Each client shall participate in the development of
his or her personal services plan, and responsible staff shall
consult with the designated conservator, if one has been appointed,
and, with the consent of the client, consult with the family and
other significant persons as appropriate.
   (c) The individual personal services plan shall ensure that
members of the target population involved in the system of care
receive age, gender, and culturally appropriate services or
appropriate services based on any characteristic listed or defined in
Section 11135 of the Government Code, to the extent feasible, that
are designed to enable recipients to:
   (1) Live in the most independent, least restrictive housing
feasible in the local community, and, for clients with children, to
live in a supportive housing environment that strives for
reunification with their children or assists clients in maintaining
custody of their children as is appropriate.
   (2) Engage in the highest level of work or productive activity
appropriate to their abilities and experience.
   (3) Create and maintain a support system consisting of friends,
family, and participation in community activities.
   (4) Access an appropriate level of academic education or
vocational training.
   (5) Obtain an adequate income.
   (6) Self-manage their illness and exert as much control as
possible over both the day-to-day and long-term decisions which
affect their lives.
   (7) Access necessary physical health care and maintain the best
possible physical health.
   (8) Reduce or eliminate serious antisocial or criminal behavior
and thereby reduce or eliminate their contact with the criminal
justice system.
   (9) Reduce or eliminate the distress caused by the symptoms of
mental illness.
   (10) Have freedom from dangerous addictive substances.
   (d) The individual personal services plan shall describe the
service array that meets the requirements of subdivision (c), and to
the extent applicable to the individual, the requirements of
subdivision (a).
  SEC. 51.  Section 10000 of the Welfare and Institutions Code is
amended to read:
   10000.  The purpose of this division is to provide for protection,
care, and assistance to the people of the state in need thereof, and
to promote the welfare and happiness of all of the people of the
state by providing appropriate aid and services to all of its needy
and distressed. It is the legislative intent that aid shall be
administered and services provided promptly and humanely, with due
regard for the preservation of family life, and without
discrimination on account of ancestry, marital status, political
affiliation, or any characteristic listed or defined in Section 11135
of the Government Code. That aid shall be so administered and
services so provided, to the extent not in conflict with federal law,
as to encourage self-respect, self-reliance, and the desire to be a
good citizen, useful to society.
  SEC. 52.  Section 16522.1 of the Welfare and Institutions Code is
amended to read:
   16522.1.  In order to be licensed pursuant to Section 1559.110 of
the Health and Safety Code, an applicant shall obtain certification
from the county department of social services or the county probation
department that the facility program provides all of the following:
   (a) (1) Admission criteria for participants in the program,
including, but not limited to, consideration of the applicant's age,
previous placement history, delinquency history, history of drug or
alcohol abuse, current strengths, level of education, mental health
history, medical history, prospects for successful participation in
the program, and work experience. Youth who are wards of the court
described in Section 602 and youth receiving psychotropic medications
shall be eligible for consideration to participate in the program,
and shall not be automatically excluded due to these factors.
   (2) The department shall review the admission criteria to ensure
that the criteria are sufficient to protect participants and that
they do not discriminate on the basis of any characteristic listed or
defined in Section 11135 of the Government Code.
   (b) Strict employment criteria that include a consideration of the
employee's age, drug or alcohol history, and experience in working
with persons in this age group.
   (c) A training program designed to educate employees who work
directly with participants about the characteristics of persons in
this age group placed in long-term care settings, and designed to
ensure that these employees are able to adequately supervise and
counsel participants and to provide them with training in independent
living skills.
   (d) A detailed plan for monitoring the placement of persons under
the licensee's care.
   (e) A contract between the participating person and the licensee
that specifically sets out the requirements for each party, and in
which the licensee and the participant agree to the requirements of
this article.
   (f) An allowance to be provided to each participant in the
program. In the case of a participant living independently, this
allowance shall be sufficient for the participant to purchase food
and other necessities.
   (g) A system for payment for utilities, telephone, and rent.
   (h) Policies regarding all of the following:
   (1) Education requirements.
   (2) Work expectations.
   (3) Savings requirements.
   (4) Personal safety.
   (5) Visitors including, but not limited to, visitation by the
placement auditor pursuant to subdivision (d).
   (6) Emergencies.
   (7) Medical problems.
   (8) Disciplinary measures.
   (9) Child care.
   (10) Pregnancy.
   (11) Curfew.
   (12) Apartment cleanliness.
   (13) Use of utilities and telephone.
   (14) Budgeting.
   (15) Care of furnishings.
   (16) Decorating of apartments.
   (17) Cars.
   (18) Lending or borrowing money.
   (19) Unauthorized purchases.
   (20) Dating.
   (21) Grounds for termination that may include, but shall not be
limited to, illegal activities or harboring runaways.
   (i) Apartment furnishings, and a policy on disposition of the
furnishings when the participant completes the program.
   (j) Evaluation of the participant's progress in the program and
reporting to the independent living program and to the department
regarding that progress.
   (k) A linkage to the federal Job Training and Partnership Act (29
U.S.C. Sec. 1501 et seq.) program administered in the local area to
provide employment training to eligible participants.
  SEC. 52.5.  Section 16522.1 of the Welfare and Institutions Code is
amended to read:
   16522.1.  In order to be licensed pursuant to Section 1559.110 of
the Health and Safety Code, an applicant shall obtain certification
from the county department of social services or the county probation
department that the facility program provides all of the following:
   (a) (1) Admission criteria for participants in the program,
including, but not limited to, consideration of the applicant's age,
previous placement history, delinquency history, history of drug or
alcohol abuse, current strengths, level of education, mental health
history, medical history, prospects for successful participation in
the program, and work experience. Youth who are wards of the court
described in Section 602 and youth receiving psychotropic medications
shall be eligible for consideration to participate in the program,
and shall not be automatically excluded due to these factors.
   (2) The department shall review the admission criteria to ensure
that the criteria are sufficient to protect participants and that
they do not discriminate on the basis of any characteristic listed or
defined in Section 11135 of the Government Code.
   (b) Strict employment criteria that include a consideration of the
employee's age, drug or alcohol history, and experience in working
with persons in this age group.
   (c) A training program designed to educate employees who work
directly with participants about the characteristics of persons in
this age group placed in long-term care settings, and designed to
ensure that these employees are able to adequately supervise and
counsel participants and to provide them with training in independent
living skills.
   (d) A detailed plan for monitoring the placement of persons under
the licensee's care.
   (e) A contract between the participating person and the licensee
that specifically sets out the requirements for each party, and in
which the licensee and the participant agree to the requirements of
this article.
   (f) An allowance to be provided to each participant in the
program. In the case of a participant living independently, this
allowance shall be sufficient for the participant to purchase food
and other necessities.
   (g) A system for payment for utilities, telephone, and rent.
   (h) Policies regarding all of the following:
   (1) Education requirements.
   (2) Work expectations.
   (3) Savings requirements.
   (4) Personal safety.
   (5) Visitors including, but not limited to, visitation by the
placement auditor pursuant to subdivision (d).
   (6) Emergencies.
   (7) Medical problems.
   (8) Disciplinary measures.
   (9) Child care.
   (10) Pregnancy.
   (11) Curfew.
   (12) Apartment cleanliness.
   (13) Use of utilities and telephone.
   (14) Budgeting.
   (15) Care of furnishings.
   (16) Decorating of apartments.
   (17) Cars.
   (18) Lending or borrowing money.
   (19) Unauthorized purchases.
   (20) Dating.
   (21) Grounds for termination that may include, but shall not be
limited to, illegal activities or harboring runaways.
   (i) Apartment furnishings, and a policy on disposition of the
furnishings when the participant completes the program.
   (j) Evaluation of the participant's progress in the program and
reporting to the independent living program and to the department
regarding that progress.
   (k) A linkage to the federal Job Training and Partnership Act (29
U.S.C. Sec. 1501 et seq.) program administered in the local area to
provide employment training to eligible participants and a linkage to
information about state employment opportunities under the
Emancipated Foster Youth Examination and Appointment Program (Chapter
5.6 (commencing with Section 19245) of Part 2 of Division 5 of Title
2 of the Government Code).
  SEC. 53.  Section 18907 of the Welfare and Institutions Code is
amended to read:
   18907.  In the determination of eligibility for food stamps, there
shall be no discrimination against any household by reason of
marital status, political belief, or any characteristic listed or
defined in Section 11135 of the Government Code to the extent not in
conflict with federal law.
  SEC. 54.  (a) The changes to Section 66030 of the Education Code
proposed by this bill shall not become operative if (1) SB 777 is
enacted and becomes effective on or before January 1, 2008, (2) each
bill amends Section 66030 of the Education Code, and (3) this bill is
enacted after SB 777.
   (b) The changes to Section 66251 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 66251 of the Education Code, and (3) this bill is enacted
after SB 777.
   (c) The changes to Section 66292 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 66292 of the Education Code, and (3) this bill is enacted
after SB 777.
   (d) The changes to Section 66292.1 of the Education Code proposed
by this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 66292.1 of the Education Code, and (3) this bill is enacted
after SB 777.
   (e) The changes to Section 66292.2 of the Education Code proposed
by this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 66292.2 of the Education Code, and (3) this bill is enacted
after SB 777.
   (f) The changes to Section 69535 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 69535 of the Education Code, and (3) this bill is enacted
after SB 777.
   (g) The changes to Section 72011 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 72011 of the Education Code, and (3) this bill is enacted
after SB 777.
   (h) The changes to Section 72014 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 72014 of the Education Code, and (3) this bill is enacted
after SB 777.
   (i) The changes to Section 89757 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 89757 of the Education Code, and (3) this bill is enacted
after SB 777.
   (j) The changes to Section 92150 of the Education Code proposed by
this bill shall not become operative if (1) SB 777 is enacted and
becomes effective on or before January 1, 2008, (2) each bill amends
Section 92150 of the Education Code, and (3) this bill is enacted
after SB 777.
  SEC. 55.  Section 21.5 of this bill incorporates amendments to
Section 66270 of the Education Code proposed by both this bill and SB
777. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2008, (2) each bill
amends Section 66270 of the Education Code, and (3) this bill is
enacted after SB 777, in which case Section 21 of this bill shall not
become operative.
  SEC. 56.  Section 50.5 of this bill incorporates amendments to
Section 5806 of the Welfare and Institutions Code proposed by both
this bill and SB 851. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2008,
(2) each bill amends Section 5806 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 851, in which case
Section 50 of this bill shall not become operative.
  SEC. 57.  Section 52.5 of this bill incorporates amendments to
Section 16522.1 of the Welfare and Institutions Code proposed by both
this bill and AB 671. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2008,
(2) each bill amends Section 16522.1 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 671, in which case
Section 52 of this bill shall not become operative.